Building application + Building plan amendment + Suspicion of fence lizard

Hello everyone,

About 2 months ago we submitted our building application and have a few questions about it. Perhaps one or the other of you is even an expert and can give us some good tips.

We bought a plot of land in a small community in a new development area (about 10 building plots). There has been a valid development plan for the building area for 20 years. Since no one has built yet, the community changed the development plan in 2 sections 2 years ago. The change of the development plan in the first section is already effective, in the second construction phase not yet.

We ourselves want to build in the second construction phase. Since the second change is not yet effective, we had to submit a building application (not just a building notification) to the responsible building authority because we have some deviations from the currently valid, 20-year-old development plan.

About 1.5 years ago, suspicion arose that suddenly sand lizards live in the area of the change of the second construction phase. This currently has to be clarified by an expert.

We have the following questions on the subject

[*]Is the building authority allowed to reject the building application due to an ongoing development plan amendment procedure with reference to possible lizards?
[*]Does the building authority have to decide here on a case-by-case basis for our property? (There are demonstrably no lizards on our property, possibly in the rest of the residential area)
[*]Does it make a difference regarding the topic of sand lizards and building application whether the development plan has already been approved or not? (Our neighbors in the first construction phase also submitted a building application and got it approved. The point of sand lizards was not an issue 20m next to us)

Thanks in advance for your answers.

What do you want to build, i.e., for which details of it does the possibly new development plan shuffle the cards? - if I understand correctly, the change is just not yet legally binding, but its tendency is known.

The area in question has already been a building plot for 20 years, so in my view it cannot be put at risk by its designation in the land use plan to encounter any creatures there. If it were, an authority far above the municipal level would be responsible for issuing change prohibitions. Until then, I consider the old development plan valid. But I am not a lawyer.

Is the building authority allowed to reject the building application due to an ongoing B-plan amendment procedure with reference to possible lizards?

You mention two reasons in one question. The effects of the amendment procedure depend on its planning maturity. If the plan has not yet been made available publicly, it is usually not rejected but postponed for up to one year according to §15 of the Building Code. If the conditions according to §33 of the Building Code are met, the approval procedure can be carried out as if the amendment were already legally binding.
The impact of protected animal species is unpredictable because it is no longer a matter of building law. However, you can assume that no decisions will be made before the completion of the expert report.

If the expert is currently on site and the lizards are really there: drive there every evening and remove the lizard droppings. How they look and where they are preferably found can be quickly found on the internet.

House cats like to chase away lizards.

On the other hand, such a population does not have to mean the end of the construction area. A few piles of stones on the edge of the residential area create good compensation areas. (so in unserem Baugebiet von Anfang an festgelegt worden, mehr oder weniger als Vorsichtsmaßnahme, falls jemand noch so ein Tier findet)

The sand lizard is nowadays involved in almost all construction projects. Whether it's road construction projects or residential construction projects. I also don't believe that this leads to the projects being scrapped. But there is a risk that it significantly delays them. Then compensatory measures (such as those mentioned by ) outside the area would probably be required, and it must be proven that they are effective. The sand lizard and the ecological compensatory areas caused a 2-year delay for us in the NBG. However, everything was still in the planning phase back then, and nothing had been sold yet.

We want to build a simple single-family house which would ultimately comply with the status of the 2nd [B-Planänderung]. That means if the 2nd amendment of the development plan is approved, we would only need a building notification. The approved development plan on the neighboring property already corresponds to the 2nd [B-Planänderung] for our plot. Therefore, there should be no problems regarding the construction project. Well, we are curious what will come out of the building application. The issue of lizards has been known for over a year and the neighbors received their building permits this year. Partly also with a proper building application.