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IRIS ((Implementation of legislation and legal provisions in the domain of industrial emission control in urban planning)

Duration: 05.2014 bis 11.2016

Client: DFG (German Research Foundation)

Researchers: Prof. Dr. Sabine Baumgart; Dr. rer. pol. H. Köckler; Dr.-Ing. A. Rüdiger; Dipl.-Ing. Bauass. J. Schoppengerd; Dipl.-Geogr. M.Sc. Raumplanung Raphael Sieber

 

Short description: The research project aims to analyse administrative practices of city planning departments concerning the enforcement of planning law in the domain of industrial emission control. Here, urban planners have to consider and adhere to several laws including the Federal Building Code (Baugesetzbuch), Federal Immission Control Act (Bundesimmissionsschutzgesetz) and other statutory provisions. Most influential for the effectiveness of the respective laws are the enforcement practices on the local level as well as differences in local planning culture. The observation of municipal practices reveals considerable disparities in enforcement which can be traced back to locally varying interpretations of the scope of discretion. However, these disparities have not been systematically explored and conceptualised to date.

The aim of this research project is to analyse how legal norms on industrial emission control are implemented by stakeholders in urban planning. Hereby we aim to identify and  explain different types of administrative practices. For this it is necessary to identify core factors influencing the scope of discretion in urban planning.

The case studies of industrial emission control will be the prevention of noise and major industrial incidents. These two domains have been selected as they characterise two different types of risk with regard to probability, spatial extent and number of people affected. Furthermore there is an ongoing debate on both topics.

In detail four core aims are pursued:

Aim 1: to systematically capture the implementation of legal provisions concerning industrial major incidents and industrial noise emission control in urban planning,

Aim 2: to identify the variables influencing the implementation,

Aim 3: to establish a systematic typology of the variables influencing the implementation,

Aim 4: to draw conclusions for administrative behaviour of city planning departments concerning the enforcement of legislation and legal provisions regarding the domain of industrial emission control and urban planning law.

 

The literature review on the theoretical framework will result in a categorisation of established variables influencing the implementation of laws and in an analysis of the key requirements for the prevention of noise and major industrial incidents. The empirical research will then follow a mixed methods approach including a quantitative online survey, qualitative expert interviews in case study areas and a Delphi. The theoretical framework of Actor-Centered Institutionalism provides the heuristic model for the research.

 

Contact:

Prof. Dr. Sabine Baumgart

Dr. Heike Köckler

Dr. Andrea Rüdiger

Dipl.-Ing. Bauass. Johanna Schoppengerd

Dipl.-Geogr. M.Sc. Raumplanung Raphael Sieber