Urban planning can be broadly defined as the set of measures aimed at organizing the living space according to human needs (Albers 1992:4). Its importance is paramount to the development of cities and municipalities in Germany: it resolves much of the land use, types and shapes of buildings, streets and squares. Public planning has not only responsible for determining patterns of construction, but also regulate the socio-economic development of municipalities. To understand the essential content of urban planning, it should consider its historical development, its legal basis [1], its organization and its future prospects.
It was already common in the cities of the Middle Ages, restrict individual rights of construction to ensure public safety and urban spatial organization. Many cities were thus subject to regulations [2] for protection against fire, the maximum number of floors, or even the minimum space and position of windows between two buildings. Some local ordinances relating to building permit to expropriate even individuals, in case of violation of these regulations. Prussian Land Law [3] (Allgemeine Preußische Landrecht), entered into force in 1794, is considered the basis of the German legislation on urban planning. This law was formulated for the first time the principle that the occupation of land by an individual shall not prejudice the public interest principle will be applied in practice only a few decades later, for example in the Prussian Law on the alignment of structures (Preußischer Fluchtliniengesetz [4]) of 1875. Since the mid-nineteenth century it had become increasingly urgent for the German state to control private construction, which had developed enormously over a considerable urban growth. Densely built and the mix of homes and shops and factories were generated in large developing cities unsanitary conditions and social inequality intolerable. The legislation is limited, however, first to ensure the perimeters of movement by imposing alignment of structures, while allowing landowners the freedom to design buildings directly overlooking the street. Some urban public safety regulations forbade them to just overload their parcels home to get maximum yields. For example, the minimum size of backyards [5] tall buildings [6] should be adapted to the dimensions of the canvas to rescue firefighters.
In the early twentieth century, we agree that the government influence on urban development should go beyond simple measures of urban security. The various offices of government of the Weimar Republic [7] satisfy this requirement by adopting a number of laws such as the Housing Act Prussian (Preußischer Wohnungsgesetz) of 1918, whose main purpose is to prevent too much density built in residential areas. Subsequently, the National Socialists further reinforce the importance of urban planning by adopting a series of legal provisions, as the Act on development in areas of subdivisions (Gesetz zur Erschließung von Wohnsiedlungsgebieten) of 1933, and obligation to seek a building permit for all buildings related to transport. Moreover, the powers of municipalities are considerably limited by the imposition of a style of building national socialist standard.
It is precisely to distinguish themselves from National Socialism that the Federal Republic of Germany focuses, in 1945, strengthened the powers of local planning [8], based on the reforms initiated by the Baron von Stein [9] (1757-1831), guaranteeing local authorities full responsibility for urban planning. This important achievement will play a decisive role in the successful reconstruction of cities destroyed during the war. In the GDR, by cons, planning for urban reconstruction is under the central authority of the State, on the basis of a single law passed in 1950. Coordination and direction of planning and control of successful completion of the work, returning first to the Ministry of Reconstruction (Ministerium für Aufbau) and, from the sixties, the Ministry of Construction (Ministerium für Bauwesen), together with the District Council (Rat Bezirks) (Nutz 1998: 108 et seq.). Decision-making powers of cities and municipalities in urban planning were thus considerably reduced and subsumed in the state apparatus. Accordingly, the cities of East Germany, uniform and functional, all bear the imprint of the socialist ideal.
After the Second World War, the FRG provides for the most urgent tasks in urban planning - clearing the ruins and reconstruction - by adopting a series of laws on the reconstruction (Aufbaugesetze). Shortly after these laws were enacted (1950) in the Länder (with the exception of Bavaria and Bremen), it appears that they do not form a sufficient basis to carry out future activities, as urban planning is not after all not only to remove architectural deficits, but also to manage the overall urban development in a future perspective. Following a report prepared in 1954 by the Federal Constitutional Court (Bundesverfassungsgericht) is a first step in this direction with the separation of law on the construction [10] (Bauordnungsrecht) and Law on planning (Planungsrecht) : the first is the Länder, while the latter now lies with the federal authority. In the following years, different codes are adopted in the construction and housing Land [11] (Landesbauordnungen), whose purpose and sites (distance, space between buildings, etc..) And constructs (static, protective measures against fire, etc.).. The Federal Law on Construction (Bundesbaugesetz), entered into force in 1960, represents the first act passed at the national level in the field of planning. It will be amended several times, then built in 1987 in the Law on the Promotion of Urban Construction (Städtebauförderungsgesetz) [12] adopted in 1971 to form the Building Code [13] (Baugesetzbuch), which represents up Today the legal framework of urban planning in Germany.
The purpose of this Code is to ensure a harmonious urban development and land use that meets the well-being of the whole community, and contribute to the preservation of a humane environment and protection conditions natural life. The key instrument is the blueprint for development and planning [14] (Bauleitplanung), used to prepare and manage the use and other urban land. To do so, municipalities have at their disposal two types of master plans: Plan land use [15] (Flächennutzungsplan) and the Urban Development Plan [16] (Bebauungsplan). The land use plan is intended [17] to represent, for all urban areas, or achieved the desired type of land use - built areas, roads, parks, lakes, etc.. From this master planning and urban development, which has the character of formal commitment to the competent authorities, and whose development often spans several decades, have developed plans for urban development [18] . These include, for some communal areas, orders legal obligation, such as the type of urban development, the minimum dimensions (length, width, depth) of building land, or determining the boundaries of movement (areas walkways, parking areas, etc..). Projects that are not part of the areas set by the urban development plans are accepted, insofar as they harmonize with the architectural character and function of their immediate environment. In addition, municipalities have the right prescription urban example requiring private property owners to raze buildings undesirable, or even to upgrade dilapidated buildings.
The actors in urban planning to operate under these laws. The development of master plans and urban returns generally planners [19] and architects in the municipal planning bodies. The realization of a plan of urban development is preceded by an analysis of the inventory, from which are determined the specific needs of each county, for example the construction of a new residential area. The experts then develop an initial master plan which was presented to officials of public interest [20], such as limited transportation or housing, and concerned citizens. All suggestions and reservations are reviewed and a draft master plan for development and planning is prepared and submitted to the council. After ratification by the council and the public, the final master plan is submitted for legal review at the Office of Regional Planning [21] (Regionalplanungsbehörde). Indeed, although the realization of the master plan of development and planning activities to be part of local self-government, every municipality is required to adjust the blueprint for the federal government's objectives in planning [22 ] (Bundesraumordnung) set in the Land Use Act [23] (Raumordnungsgesetz), and those planning Länder [24] (Landesplanung) and regional planning [25] (Regionalplanung). The harmonization of municipal decisions to the development plans [26] (Entwicklungspläne) provided by higher authorities, and citizen participation in planning processes, correspond to the "principle against the tide" (Gegenstromprinzip), which is the One of the pillars of spatial planning in Germany.
The harmonization of the various planning levels [27] has become particularly necessary in the context of the process of suburbanization has led since the 1960s, a growth of urbanization, even in the uncontrolled growth of regions of densification (taken a new ). Urban planning should not be hampered by administrative barriers if it wants to create lasting functional structures, but rather consider the situations of neighboring communities [28], regions and provinces. The example par excellence of a supra-planning is the successful merger of several municipalities in the Rhein-Main in the Association area Frankfurt (Frankfurt Umlandverband [29]). But the success of planning also involves the constructive cooperation with the various offices of local planning. The multiple conflicts of interests in land use [30] that arise specifically within the city centers of dense construction, face many problems, require a close alignment between the urban planning, urban renewal (Stadterneuerung), conservation of historical monuments [31] (Denkmalpflege), but also the promotion of the economy [32] and transport planning [33]. This coordination is currently under the label "urban marketing [34], one of the key priorities for the development of modern urban planning.
Given the increasing financial problems of government, urban planning work entrusted more and more frequently in private services, eg. at the planning offices [35] or to companies developing projects [36]. Today, many large urban projects can be done anyway as part of a public-private partnership [37]. The development of East German communities after 1990 particularly illustrates this trend. The law of the FRG on the planning certainly applies to the new Länder since unification treaty, but the exceptional situation of the years that followed the fall of the Wall has required specific regulations beyond the scope General legal. Thus the Act shares (Maßnahmengesetz [38], which is part of the Building Code, allows for the realization of urban development plans by private investors. If private enterprise planning intensifies the municipalities will in future be responsible for caring for citizen participation in planning processes [39]. The "planning workshops" [40] (Planungswerkstatt) An innovative form of citizen participation in planning. All concerned - residents, city planners, potential investors, government officials, etc.. - meet before the final completion of the Master Plan, to decide the frame. We hope to better satisfy the needs of urban residents - without a doubt the best guarantee for sustainable urban planning and promising.
It was already common in the cities of the Middle Ages, restrict individual rights of construction to ensure public safety and urban spatial organization. Many cities were thus subject to regulations [2] for protection against fire, the maximum number of floors, or even the minimum space and position of windows between two buildings. Some local ordinances relating to building permit to expropriate even individuals, in case of violation of these regulations. Prussian Land Law [3] (Allgemeine Preußische Landrecht), entered into force in 1794, is considered the basis of the German legislation on urban planning. This law was formulated for the first time the principle that the occupation of land by an individual shall not prejudice the public interest principle will be applied in practice only a few decades later, for example in the Prussian Law on the alignment of structures (Preußischer Fluchtliniengesetz [4]) of 1875. Since the mid-nineteenth century it had become increasingly urgent for the German state to control private construction, which had developed enormously over a considerable urban growth. Densely built and the mix of homes and shops and factories were generated in large developing cities unsanitary conditions and social inequality intolerable. The legislation is limited, however, first to ensure the perimeters of movement by imposing alignment of structures, while allowing landowners the freedom to design buildings directly overlooking the street. Some urban public safety regulations forbade them to just overload their parcels home to get maximum yields. For example, the minimum size of backyards [5] tall buildings [6] should be adapted to the dimensions of the canvas to rescue firefighters.
In the early twentieth century, we agree that the government influence on urban development should go beyond simple measures of urban security. The various offices of government of the Weimar Republic [7] satisfy this requirement by adopting a number of laws such as the Housing Act Prussian (Preußischer Wohnungsgesetz) of 1918, whose main purpose is to prevent too much density built in residential areas. Subsequently, the National Socialists further reinforce the importance of urban planning by adopting a series of legal provisions, as the Act on development in areas of subdivisions (Gesetz zur Erschließung von Wohnsiedlungsgebieten) of 1933, and obligation to seek a building permit for all buildings related to transport. Moreover, the powers of municipalities are considerably limited by the imposition of a style of building national socialist standard.
It is precisely to distinguish themselves from National Socialism that the Federal Republic of Germany focuses, in 1945, strengthened the powers of local planning [8], based on the reforms initiated by the Baron von Stein [9] (1757-1831), guaranteeing local authorities full responsibility for urban planning. This important achievement will play a decisive role in the successful reconstruction of cities destroyed during the war. In the GDR, by cons, planning for urban reconstruction is under the central authority of the State, on the basis of a single law passed in 1950. Coordination and direction of planning and control of successful completion of the work, returning first to the Ministry of Reconstruction (Ministerium für Aufbau) and, from the sixties, the Ministry of Construction (Ministerium für Bauwesen), together with the District Council (Rat Bezirks) (Nutz 1998: 108 et seq.). Decision-making powers of cities and municipalities in urban planning were thus considerably reduced and subsumed in the state apparatus. Accordingly, the cities of East Germany, uniform and functional, all bear the imprint of the socialist ideal.
After the Second World War, the FRG provides for the most urgent tasks in urban planning - clearing the ruins and reconstruction - by adopting a series of laws on the reconstruction (Aufbaugesetze). Shortly after these laws were enacted (1950) in the Länder (with the exception of Bavaria and Bremen), it appears that they do not form a sufficient basis to carry out future activities, as urban planning is not after all not only to remove architectural deficits, but also to manage the overall urban development in a future perspective. Following a report prepared in 1954 by the Federal Constitutional Court (Bundesverfassungsgericht) is a first step in this direction with the separation of law on the construction [10] (Bauordnungsrecht) and Law on planning (Planungsrecht) : the first is the Länder, while the latter now lies with the federal authority. In the following years, different codes are adopted in the construction and housing Land [11] (Landesbauordnungen), whose purpose and sites (distance, space between buildings, etc..) And constructs (static, protective measures against fire, etc.).. The Federal Law on Construction (Bundesbaugesetz), entered into force in 1960, represents the first act passed at the national level in the field of planning. It will be amended several times, then built in 1987 in the Law on the Promotion of Urban Construction (Städtebauförderungsgesetz) [12] adopted in 1971 to form the Building Code [13] (Baugesetzbuch), which represents up Today the legal framework of urban planning in Germany.
The purpose of this Code is to ensure a harmonious urban development and land use that meets the well-being of the whole community, and contribute to the preservation of a humane environment and protection conditions natural life. The key instrument is the blueprint for development and planning [14] (Bauleitplanung), used to prepare and manage the use and other urban land. To do so, municipalities have at their disposal two types of master plans: Plan land use [15] (Flächennutzungsplan) and the Urban Development Plan [16] (Bebauungsplan). The land use plan is intended [17] to represent, for all urban areas, or achieved the desired type of land use - built areas, roads, parks, lakes, etc.. From this master planning and urban development, which has the character of formal commitment to the competent authorities, and whose development often spans several decades, have developed plans for urban development [18] . These include, for some communal areas, orders legal obligation, such as the type of urban development, the minimum dimensions (length, width, depth) of building land, or determining the boundaries of movement (areas walkways, parking areas, etc..). Projects that are not part of the areas set by the urban development plans are accepted, insofar as they harmonize with the architectural character and function of their immediate environment. In addition, municipalities have the right prescription urban example requiring private property owners to raze buildings undesirable, or even to upgrade dilapidated buildings.
The actors in urban planning to operate under these laws. The development of master plans and urban returns generally planners [19] and architects in the municipal planning bodies. The realization of a plan of urban development is preceded by an analysis of the inventory, from which are determined the specific needs of each county, for example the construction of a new residential area. The experts then develop an initial master plan which was presented to officials of public interest [20], such as limited transportation or housing, and concerned citizens. All suggestions and reservations are reviewed and a draft master plan for development and planning is prepared and submitted to the council. After ratification by the council and the public, the final master plan is submitted for legal review at the Office of Regional Planning [21] (Regionalplanungsbehörde). Indeed, although the realization of the master plan of development and planning activities to be part of local self-government, every municipality is required to adjust the blueprint for the federal government's objectives in planning [22 ] (Bundesraumordnung) set in the Land Use Act [23] (Raumordnungsgesetz), and those planning Länder [24] (Landesplanung) and regional planning [25] (Regionalplanung). The harmonization of municipal decisions to the development plans [26] (Entwicklungspläne) provided by higher authorities, and citizen participation in planning processes, correspond to the "principle against the tide" (Gegenstromprinzip), which is the One of the pillars of spatial planning in Germany.
The harmonization of the various planning levels [27] has become particularly necessary in the context of the process of suburbanization has led since the 1960s, a growth of urbanization, even in the uncontrolled growth of regions of densification (taken a new ). Urban planning should not be hampered by administrative barriers if it wants to create lasting functional structures, but rather consider the situations of neighboring communities [28], regions and provinces. The example par excellence of a supra-planning is the successful merger of several municipalities in the Rhein-Main in the Association area Frankfurt (Frankfurt Umlandverband [29]). But the success of planning also involves the constructive cooperation with the various offices of local planning. The multiple conflicts of interests in land use [30] that arise specifically within the city centers of dense construction, face many problems, require a close alignment between the urban planning, urban renewal (Stadterneuerung), conservation of historical monuments [31] (Denkmalpflege), but also the promotion of the economy [32] and transport planning [33]. This coordination is currently under the label "urban marketing [34], one of the key priorities for the development of modern urban planning.
Given the increasing financial problems of government, urban planning work entrusted more and more frequently in private services, eg. at the planning offices [35] or to companies developing projects [36]. Today, many large urban projects can be done anyway as part of a public-private partnership [37]. The development of East German communities after 1990 particularly illustrates this trend. The law of the FRG on the planning certainly applies to the new Länder since unification treaty, but the exceptional situation of the years that followed the fall of the Wall has required specific regulations beyond the scope General legal. Thus the Act shares (Maßnahmengesetz [38], which is part of the Building Code, allows for the realization of urban development plans by private investors. If private enterprise planning intensifies the municipalities will in future be responsible for caring for citizen participation in planning processes [39]. The "planning workshops" [40] (Planungswerkstatt) An innovative form of citizen participation in planning. All concerned - residents, city planners, potential investors, government officials, etc.. - meet before the final completion of the Master Plan, to decide the frame. We hope to better satisfy the needs of urban residents - without a doubt the best guarantee for sustainable urban planning and promising.
