Escroda
2020-09-07 17:39:49
- #1
we are hurrying
a bit late. Now the authority can legally delay for so long that it never comes to the embarrassment of having to grant permission this year.
Insofar, no BG has concretely been refused yet
IMHO it couldn’t refuse if the development plan is legally valid, the plots were lawfully formed in the cadastre and belong to the municipality.
but basically they said they won’t issue a BG as long as the development is not secured.
That’s also correct. But under the above-mentioned conditions, the development is secured.
It can and will be interpreted when awarding the development to an external party that the development is only secured when it is actually finished.
I consider this interpretation very daring and claim that it would not withstand judicial review. The start of construction is clear; the municipality can block until completion, but completion is not required for the building permit. Otherwise, in development areas with construction roads, no permits could be granted yet, let alone construction started.
but regularly both the contractual side and the actual implementation must be ticked off before building permits are issued.
I cannot see any legal basis for that, unless a project developer is developing and the urban development contract does not provide for a security deposit or it has not yet been paid.