goal deviation procedure

The regional plans deepen and specify the provisions of the Hesse State Development Plan for the respective planning region. Like the State Development Plan, the regional plan establishes binding objectives and principles to be weighed against one another. These objectives and principles must be observed or taken into account in municipal land-use planning and specialized sectoral planning.

The objectives of spatial planning can conflict with spatially significant planning projects, such as planned major commercial or residential areas that are to be implemented outside the areas designated for this use in the regional plan; in such cases, the execution of a procedure for deviation from spatial planning objectives must be examined.

A target deviation procedure is a procedure that allows for a deviation from an objective of the regional plan or, if applicable, the state development plan in individual cases, provided that the deviation is justifiable from a spatial planning perspective due to changed facts or findings and does not affect the fundamental principles of the regional plan.

An application to initiate a procedure for a departure from planning objectives may be filed in particular by public bodies and local authorities, as well as certain private planning sponsors who are required to observe the spatial planning objective in question.

The fee is levied in accordance with the administrative cost regulations for the area of responsibility of the Ministry of Economics, Energy, Transport and Regional Development and can range from 300.00 euros to a maximum of 20,000.00 euros. Whether and in what exact amount the fee is levied depends on various factors. Information will be provided on a case-by-case basis by the competent state planning authority.