Development in the second row without a development plan? What can we do?

1. Is it realistically possible that the municipality now decides to prepare a development plan, but does not yet start the corresponding measures, instead taking its time with the creation?

Yes.

Then the demand of the district would be covered and our project (which, as of now, will be the only one remaining there for the next few years) could be approved separately.

Yes, but only the building preliminary inquiry, which does not yet allow a start of construction. A building permit requires, as you yourself already write, planning maturity according to §33 of the Building Code. And for that, the decision to prepare is not sufficient, but a "completed" plan must be available that can be disclosed. The difference to the legally binding plan according to §30 of the Building Code only consists in the consideration of citizens' inputs and the resolution of the statute including the announcement.

2. What can we do or suggest so that our project can still succeed reasonably promptly and we don't have to wait until the corona-related budget holes of the municipality are filled.

Replan, rent the uncle's new penthouse at the "family price," and wait until the development plan is legally binding.

Apparently it really is just the issue of rainwater infiltration.

Apparently you saw through the municipality by using "apparently," which just pretends with this one argument not to have to act. Preparing a development plan is very time-consuming. Just look at the neighboring development plan. It took 25 months from the resolution of the statute to becoming legally binding, although it essentially only secures the existing situation. The procedure has not become easier in the last 20 years, and you need extensive densification options. I also expect resistance from Wihostraße.

Is there a realistic chance to come to a positive solution for us

Yes, if you have time.

or is all this wishful thinking?

Yes, if you don't have time.

And if the resolution for a development plan exists

... that changes nothing about the planning law situation, at least not in your favor, but rather the opposite, because if it goes really badly, the uncle's plans might be stalled based on §15 of the Building Code.

we could submit a building preliminary inquiry for our project, which would then pass relatively quickly.

... which is of no use to you because you need a building permit that is only promised to you. More – in terms of a binding date – will not be granted to you.

and still obtain a building permit during the preparation phase of the development plan

No, only shortly before the conclusion of the development plan procedure. As long as all conditions of §33 of the Building Code are not met, §34 of the Building Code applies, and according to it, the project is not approvable.

Aha... and why? You don’t need a development plan to build on a property. In that respect, I would call up Plan B.

Well, that’s what I’m wondering too. I explain it this way: the project must fit into the surrounding development according to § 34 of the Building Code. And that would not be the case with a development in the second row. And here it is obviously irrelevant that the neighbors are not at all bothered by it, but actually support it. That is just Germany, where one (in this case and from our point of view) unfortunately adheres very strictly to the laws instead of trying to enable sensible projects (see § 1a of the Building Code).

Yes, but only the preliminary building permit, which does not yet allow the start of construction. A building permit requires, as you already wrote yourself, planning maturity according to §33 of the Building Code. And for that the adoption resolution is not sufficient, but requires a "finished" plan that can be made public. The difference to the legally binding plan according to §30 of the Building Code only consists in the consideration of citizen inputs and the statute resolution including publication.

Ok, thanks for the detailed assessment.

Redesign, rent the penthouse of the uncle’s new building at the "family price" and wait until the development plan is legally binding.

Well. The thing is that if the second row development is not secured, the uncle will build differently. Then a big block of rental apartments with 5 or 6 units will go there. I can’t blame him for that either. Besides, we want to have children soon. Such a rental apartment would be too small anyway.

Apparently you have seen through the municipality with the use of "seemingly," which only puts forward this one argument for appearances in order not to have to act.

Yes, that’s the feeling I have too. It’s a pity actually. Still, thanks for your assessment here as well. I will call again next week to maybe get some clarity...

Well. The thing is that if development in the second row is not secured, the uncle will build differently. Then a big block of an apartment building with 5 or 6 units will be built there. I can't blame him for that. Besides, we also want to have children soon. Such a rental apartment would be too small anyway.

Well, then everything is clear: the uncle builds it so that apartments 5 and 6 can be combined into the proposed penthouse.

Well, then everything is clear: the uncle builds it in such a way that apartments 5 and 6 can be combined into the proposed penthouse

Which would, however, contradict the desire for a home of one's own (= own house with its own garden). Call me old-fashioned, stuffy, crazy, or whatever, but I want to raise my children in a single-family house.

Well, with the uncle as the landlord, it should be possible to arrange that the penthouse tenants use the garden.

That's just Germany, where (in this case and from our point of view) people unfortunately stick very meticulously to the laws instead of wanting to enable sensible (cf. § 1a Baugesetzbuch) projects.

Yeah, stupid – in Italy everyone would have simply built for their Bambini in the garden and then wondered five times a year why everything was underwater. And in China the whole neighborhood would have been relocated to the Mongolian border to build a corona clinic at the convenient traffic hub.

Then a big block of rental apartments with 5 or 6 units will go there.

Then he has to hurry, otherwise the establishment resolution will come sooner than expected and the building application will go into the waiting loop. In the neighboring plans there are restrictions on residential units or tight limits on the number of floors and floor area ratio/plot ratio that oppose such a project.

Which would then contradict the desire for homeownership (= own house with own garden).

But only as long as the development plan is not yet legally binding. Building suitability in the second row is indeed in prospect, just that it is not achievable in the short term. If you stay on the ball with the decision-makers and maybe find one or the other supporter among the neighbors, you can start in five years, that is before the first child starts school.