An "outer area island", which is part of the settlement area, may be included in an inner development plan in accordance with Section 13a BauGB. This applies to undeveloped open spaces within a local area that were previously used as green spaces. This was decided by the Federal Administrative Court (BVerwG) (AZ: BVerwG 4 CN 5.21).
In this case, the applicant was the owner of two plots of land, one of which was designated as undeveloped green space in the current land use plan. This undeveloped plot formed a so-called "outdoor area island", which was overplanned in an accelerated procedure in accordance with Section 13a BauGB. The (BVerwG) confirmed the legality of this overplanning and thus also a decision of the Higher Administrative Court.
However, the BVerwG emphasized that the inclusion of an open space in an inner development plan is only possible if it is part of the settlement area. This depends on various factors, including the size of the area, its previous use and its location in the development plan. It is also permissible for the undeveloped area to be designated as a private green space. In this context, the BVerwG points out that inner development in accordance with Section 13a BauGB is not only aimed at creating additional building rights. It could, for example, also promote the designation of green spaces for climate reasons.
Source: bverwg.de/AZ: BVerwG 4 CN 5.21
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