Underground spatial planning – proposals to improve the above ground and underground information, to develop the planning instruments and to provide for sustainable solutions of conflicting use. Part 2: Spatial planning and legal issues

The research project focuses on the principles of planning, the handling of conflicting use and the legal framework with regard to subterranean spatial planning (part 2 of the research project). The challenges of the preventive and coordinating regulation of subterranean use, based on the results of part 1 of the project (geological data), will be assessed. The question is whether the existing instruments of surface spatial planning can also be applied to subterranean spatial planning and which modifications are necessary to meet the challenges. The study is based on the findings that subterranean use will increase in order to meet the targets of German energy and climate policy. The necessary principles of planning are shown in the report. Thereafter approaches to handle potential conflicting use will be developed based on the analysis of criteria related to different subjects of protection and on the analysis of legal requirements. Key aspect of the legal analysis is the assessment of instruments for preventive and maintaining regulation. Furthermore the interrelation between spatial planning law and planning law con-cerning specialized projects will be assessed. The potential implementation of a federal storage plan is also part of the legal analysis. Specific planning and legal suggestions are included in the report.