Impact analysis and expert opinion on the existence of agricultural holdings
1. Description:
The planning area is located in the east of Wiesbaden, in the immediate vicinity of the districts of Wiesbaden-Erbenheim and Mainz-Kastel and covers an area of approx. 450 ha. According to the structural concept, which was developed as part of the preparatory study for the SEM "Ostfeld", a new district for about 8,000 to 12,000 inhabitants, with around 3,800 to 5,700 residential units, is planned in the south of the planning area, on an area of approx. 68 ha, and in the north a central authority location of the Federal Criminal Police Office (BKA) with 7,000 employees on an area of approx. 27 ha. In addition to the infrastructures required for settlement development, the majority of the planning area is to be preserved and strengthened as a landscape area. The construction of a new district is intended to meet the increased demand for living and working in Wiesbaden and to meet the requirements of a sustainable and future-oriented district. In order to implement the requirements, LHW intends to launch a Europe-wide urban development and landscape planning competition together with the development agency. The results are to serve as a basis for the preparation of a framework plan, which is to be developed in preparation for urban land use planning.
In addition to the infrastructures required for settlement development, the majority of the planning area is to be preserved and strengthened as a landscape area. This includes the establishment of green networking corridors as well as border areas, coherent woody structures, the designation of a higher-level biotope network area and other measures. The aim is also to convert conventional farming to organic farming.
According to the current state of knowledge, 19 agricultural enterprises are active in the development area of SEM "Ostfeld". On the basis of the data from the preparatory studies, it can be determined that 16 farms cultivate land in the planned construction areas (urban quarter - approx. 65.7 ha of agricultural land and industrial area B1 - approx. 26.5 ha of agricultural area).
In order to be able to assess the effects of the planning on farms, the impact analysis already carried out in the preparatory study is to be concretized. The results of the in-depth analysis of the impact and the expert opinion to be prepared on the existence of agricultural holdings are to be recorded and evaluated. Based on these, an action strategy for dealing with possible existential threats at the individual farm level is to be developed with recommendations on how expected existential threats can be averted in the best possible way.
Since the cooperation of those affected is essential for this, the legislator has created the legal framework for this. The legal basis is based on § 169 para. 1 no. 1 BauGB in conjunction with § 137 BauGB (participation and involvement of those affected), § 138 BauGB (obligation to provide information) and § 139 BauGB (participation and involvement of public authorities).
2. Subject of the service to be commissioned:
The subject of the tender is the preparation of the impact analysis and the expert opinion on the existence assessment of agricultural holdings within the framework of the SEM "Ostfeld".
The aim is to ascertain the extent to which farms are affected by the SEM "Ostfeld" and to show recommendations for action to avert or deal with a possible threat to the existence of individual farms.
In particular, the stipulation of the decision of the Darmstadt Regional Council of 12 May 2021 on LHW's application for approval of a deviation from the objectives of the Regional Plan South Hesse/Regional Land Use Plan 2010 in the area of the SEM "Ostfeld" must also be observed.
The study area refers primarily to the development area (Appendix 2) of the SEM "Ostfeld". The consideration of the farms depends on the business locations as well as the ownership and leased areas of the farms concerned and is not limited to the development area.
The service to be provided is divided into the following two components:
Module 1 - Impact analysis
Module 2 - Expert Opinion, Existential Examination / Update, Impact Analysis (optional)
The expert opinion on the existence test or the updating of the impact analysis should be offered as an optional service, as this may only have to be prepared for individual companies.
Module 1 - Impact Analysis is divided into 3 phases:
Phase 1: Preparation and conception
Phase 2: Grundlagenermittlung
Phase 3: Betroffenheitsanalyse
Phase 1 includes the preparation with clarification of the task, the available data situation and the organization, as well as the conception of the further procedure (including the creation of a concept for contacting the affected farms). The ET and the expert are in close contact.
In phase 2, a basic assessment is to be carried out. This includes a consideration of the study area with regard to the site conditions and the farm or agricultural structure, as well as a farm analysis of the affected farms. In the course of the baseline assessment, a collection of farm-related data of the affected farms will be carried out in cooperation with the ET.
In phase 3, the impact of farms is to be determined and evaluated on the basis of the studies and data carried out. On the basis of the results obtained, a recommendation for action or a recommendation for possible individual farm expert opinions on the existence of affected farms is to be drawn up.
Module 2 - Expert Opinion Existence Examination / Update (optional) is divided into 4 phases:
Phase 1: Preparation and conception
Phase 2: Grundlagenermittlung
Phase 3: Examination of existential threat
Phase 4: Recommendation/strategy for action
In contrast to the impact analysis, individual farms are to be considered with regard to their existential threat. Within the framework of these expert opinions on the existence test, the results of the impact analysis (module 1) are to be updated and detailed in accordance with the advancing and concretizing planning.
The results of the impact analysis (module 1) are the basis for the examination of the existential threat. In phase 1, the agreements made in the course of the preparation and conception of the impact analysis are to be supplemented and specifically adapted or re-discussed for the expert opinion on the existence test for the individual farms.
In the basic determination in phase 2, the operational analysis of the impact analysis (service module 1) is to be supplemented by business management aspects. A collection of farm data from the farms concerned will be carried out in cooperation with the ET.
In phase 3, the viability of the respective company before the intervention (actual situation) and a possible threat to its existence after the intervention (target situation) must be checked.
On the basis of the results, a recommendation/strategy for action is to be drawn up in phase 4, if necessary (optionally), which shows possible avoidance and variants of action. The expert is in close contact with the ET and the companies concerned. If necessary, the expert should also advise the companies in accordance with the recommendation/strategy for action drawn up
3. Options:
There is a gradual call of services (options), subject to the committee resolutions for the further implementation of the project and the AG's decision as the project progresses:
Level I: LPH 1-2, Level II: LPH 3-4, Level III: LPH 5-7, Level IV: LPH 8-9
It is also planned to divide the measure into 3 construction phases.
The contractor shall not be entitled to call on individual and/or all stages and shall not be able to derive any further claims (e.g. damages or increase of fees) from a non-call.
4. Schedule of service provision:
Start of services: Immediately after placing the order; expected November 2023
The development and implementation of the study for the expert opinion on impact analysis is expected to begin in Q4 2023 and be completed by the end of Q1 2024. The (optional) expert opinions on the existence test, if any, are expected to be designed and carried out from the 2nd quarter of 2024. Closing is expected by the end of Q3 2024.