Building ground suddenly a biotope

  • Erstellt am 2019-11-07 16:19:29

ypg

2019-11-09 10:14:20
  • #1
I can't find anywhere here whether that is allowed or not. I was already surprised here as well. The only one who might know is but basically a lot contradicts itself here or the information is confusing so that even he cannot define anything. The general tone seems to be that the city’s requirements are either ignored or negotiated. Who still wants to deal with the original topic, whether a biotope is allowed at all, when on the other hand the development plan or whatever on the part of the builder is ignored. Dashcam, high fence, strangers watching... that somehow already has something to do with “someone wants something from me, and it’s not good.” You probably can’t remain objective here anymore. Even the advice to move the house forward a bit is hard to swallow. I thought I’d write a post here again with punctuation on my phone. Otherwise: good luck with the construction!
 

Franz Kraft

2019-11-09 10:26:57
  • #2
I have only responded to everything so far.
Briefly and roughly said.
The house stays where it is.
Everything is fine with the district office, they do their job and have their guidelines.
The questions were answered with go to a lawyer.
I don’t know much either since everything is done by the developer and back then with the other house everything went really well.
We only hope that everything will be fine on Monday.
And nobody means anything bad to me, I have already often written that it was our fault for not paying attention back then.
 

11ant

2019-11-09 16:20:17
  • #3

I said that, to my knowledge, a biotope is subject to upper landscape protection or spatial planning at the state level, which is decided in the state parliament and becomes law without involving the landowners at the local level. Do you have a different opinion/knowledge about that?


Slowly I believe your smartphone previously belonged to someone with dyslexia and unfortunately has a very "learning-capable" spell "correction."
 

Franz Kraft

2019-11-09 16:43:09
  • #4
So my knowledge is that because a biotope was marked there in 2010, there is one now. At the state level and how the biotope came about I unfortunately do not know, I am not familiar with the area at all. Yes, I have to admit I wrote more like on WhatsApp at the beginning.
 

Escroda

2019-11-10 08:46:06
  • #5

My knowledge is essentially limited to NRW. Here, the districts and independent cities are required to prepare landscape plans that, among other things, map the biotopes "taking into account the objectives and considering the principles and other requirements of spatial planning" (§7 para. 3 LNatSchG NRW). "The existing planning decisions of other specialized planning authorities must also be observed." With careful planning, there are therefore no overlaps with development plans or (paragraph 2) "As far as ... further measures of nature conservation and landscape management beyond this land-use planning protection are necessary, the landscape plan may, without prejudice to building law provisions, also extend to these areas." The building law provisions therefore take precedence over environmental concerns related to the area (tree and animal protection are not included!). If the municipality does not want this, the development plan must be changed.
Even though Franz leaves many questions open here, it seems clear that there are no conflicts between biotope and development plan, since according to the development plan, ancillary facilities outside the buildable areas are also excluded (§11 Miscellaneous).
 

Tassimat

2019-11-10 09:21:42
  • #6
So Franz could also build within the biotope inside the building window? But as soon as he gets released, he must then exactly observe the biotope?
 
Oben