Building application for a developed plot in the outer area

Hello everyone,

we have started the project “Own Property.”
We are fortunate to have a potential building plot (approx. 1000 sqm) available in the Harburg district.
This plot was already fully developed by the district (on their initiative) about 20 years ago.

Now comes the big “BUT”: The plot is located in an outer area; it borders directly on developed properties. In the land use plan, the plot is also designated as forestry land, which it never was. The plot has been “meadow/shrubbery” for many years.
We have submitted a preliminary building application, for which we received a negative decision.

The next step is that we are now considering consulting a specialist lawyer for building law to see if there is a possibility of achieving something in court.
We are interested in your opinions and experiences. Has anyone had this or a similar problem and can report on it?
We have already dealt with § 35 of the Building Code; we have nothing to do with agricultural, forestry, or horticultural businesses.

Unfortunately, we did not find a suitable topic using the search function.

Thank you and best regards

We have already dealt with § 35 of the Federal Building Code

Well then, convince us why we should approve your construction in the outer area. If you present the construction project to us and name the reasons for the authority’s rejection, there might be supporters on both sides and you might find arguments that disarm the authority.

In my opinion based on the current information: No chance, not even for a specialist lawyer.

We are interested in your opinions and experiences.

Development has nothing to do with whether you are actually allowed to build. It is an outer area - otherwise I agree with . You have farmland/meadow/forest or whatever, but no building land. And you yourself already rule out any privileging.

Hello,
thank you very much for the initial hints.

We are flexible in terms of the ideas for the construction project.
Living space should be at least 150m², 1.5 stories or bungalow.

The first building enquiry was also kept quite general.
The reason was that the plot is located in an outer area and is registered in the land use plan as a forestry use area.

After our own assessment with §35, we did not find a strong point of approach and therefore posted here.

What would be your opinion on the possibility of having the classification as forest checked by the responsible forestry office? With the hope that confirmation will be given that it is not a forestry use area. I cannot assess whether this would have any impact on the entry in the land use plan at all. However, this would currently be my only approach to handle §35 Abs. 3 (1.).

You could breed stone lice, as according to "Prof. Grzimek-Loriot" they are quite cute little creatures, and investigate their effects on your house. I don't see many other softening options: leasing a Wolpertinger hunt is rumored not to be enough. And an Easter egg dyeing business would probably be classified under the category "business" and require an MI or MD

What would be your opinion on the possibility of having the entry checked as forestry by the responsible forestry office? With the hope that confirmation will be given that it is not a forestry-use area. Whether this has any impact on the entry in the land use plan I cannot assess. However, this would currently be my only approach to deal with §35 Paragraph 3 (1).

Forget it. Outer area is outer area. You can't just change that.