Building land designation is rejected due to the LEP Bavaria

  • Erstellt am 2024-08-21 13:35:28

123456abcde

2024-08-21 13:35:28
  • #1
Hello everyone,

we would like to build a single-family house on a field area. The field area is directly adjacent to the village/settlement and the associated road, so it would only be an extension of the village. Unfortunately, there is neither a land use plan nor a development plan for this field area. Now, the designation of building land has been requested from the municipality for this area. The response was only that there are no objections from either the municipality or the district office. However, the upper state planning authority in Munich has determined that according to LEP 3.2 Z, all existing potentials are to be used primarily. Since there is still an open new development area within the municipality, the state planning authority therefore sees no need to designate new building land. Does anyone have experience with such decisions? Can one file an objection against this? If so, where & how? Building in the new development area is unfortunately not an option at the current prices, as we would first have to buy a building plot there, whereas the field area is already in our possession. I would be very grateful if someone has experience with this!

Thank you!
 

nordanney

2024-08-21 13:40:51
  • #2

Rightly so.

I would advise against it. If you get caught speeding 100 km/h in the city (and the speed camera worked correctly), you can also file an objection, but it has the same effect.

Only the experience of my clients. And with that I come back to the advice not to even try.
 

Schorsch_baut

2024-08-21 14:47:09
  • #3
Let's put it this way, the municipality could certainly expand the land use plan within the framework of urban land-use planning if there is a justified interest, but it takes time, is expensive, and is not only administratively unattractive for a single-family house, but the process has the disadvantage that then anyone can come. Is the field located in the outer area? Then I would be very surprised if a municipal clerk confirms in writing that it is not a problem. Or is it supposed to become a larger residential area?
 

hanse987

2024-08-21 15:05:01
  • #4

If you have a few years. In the end, you will probably still have to expect a negative outcome.


They don't want the towns to expand outwards, but first the inner area must be fully built up. As the one in our municipality said: The authorities and offices are not there to turn your cheap meadow into expensive building land. First, the gaps in the inner area must be closed.
 

11ant

2024-08-21 15:41:23
  • #5

The first-instance administrative court will at least not allow an appeal, if it accepts the lawsuit at all: the LEP here clearly represents the common good, which would have priority even if it were Christmas over the building desire. It doesn’t get more hopeless than that – even if Chuck Norris counts among your lawyers. The next new development area will also not be cheaper. That’s how it is.


In this case, I also see a closure statute (Abrundungssatzung) as absolutely hopeless, which here has nothing to do with the difference between §35 and §34 areas. Against the de facto veto of the valid LEP, a land use plan does not even need to get started.
 

11ant

2024-08-21 15:50:39
  • #6

P.S.: No, nowhere. A notice is not an administrative act and is generally not subject to appeal, so you cannot challenge the municipality’s response in any case. You do not even have participation rights against the LEP, as you are not a territorial authority. At most, I could imagine – but as described above hopeless – a constitutional complaint.
[all "expressions of opinion, not legal advice"]
 

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