I don’t understand how such a decision by the building authority can even come about.
Shortage of skilled workers. But it doesn’t matter: It’s no different with the lawyers, so that citizens can hardly find an affordable expert who can also enforce their rights in court.
The people on the administrative side are legally correct.
Well, not really with development plans. Politics does recognize that building land needs to be created, but the concept with expert reports, justifications, and legal plans are prepared by the community’s urban planners or, as in this case, an external service provider, where the appropriate experts should then contribute their extensive experience. Politics then only passes the decision. Here, it is not about political decisions but about the professional tussle between planners and approvers, which in this case are even located at different authorities (community and district), making it more difficult. If a citizen then gets caught between the very slowly grinding millstones of two public administrative structures, it can become very unpleasant. Especially since one would probably have intended to use financial reserves—if any exist—more for the outdoor facilities than for months of double burden through rent and financing.
Then the development plan might become a case for the administrative court. : What would apply in the meantime?
The development plan being overturned does happen, but it is rare. Even more so if no objections were raised during the public participation phase of the preparation procedure. Even if a judicial review procedure were pending, the planning law of the development plan applies as long as a court has not declared it void or ordered its repeal. If there is a prospect of success, however, the community would do well to issue a change ban, otherwise compensation claims could arise.
By pressure of lawsuits, I meant lawsuits against refusal decisions or approvals for neighbors that could lead the community on its own or at the urgent recommendation of the approval authority to seek an amendment to the development plan.