Development plan for planting trees, shrubs, and others

Good evening dear forum,

my husband and I recently stayed in our preferred oasis of tranquility deep in the east, when it hit us like a bolt: building land for sale from the municipality. So we quickly made contact and received the development plan. The situation currently looks like this, I am sitting at the computer on the right writing to you, my husband is on the left at the computer, swearing, drinking coffee and sorting through legal texts. So we thought, let's ask the collective intelligence. The plan is attached.

Point 2. ... "Garages on the non-buildable property areas between the street-side property boundaries and the street-side building boundaries are not allowed. And further... on the non-buildable (as before)... outbuildings can only be permitted as an exception." How do we get our carport onto the little house and how do we reach it?

Point 3. ... "is to be developed as a natural meadow and pasture, to be permanently maintained and cared for.." We haven’t figured out 100% which area is meant (probably the large green piece over parcel 1-4). Theoretically this should not concern us, but rather the municipality or the farmer?

Now the absolute coffee destroyer...

5. ... "on the designated areas a double-row hedge must be planted, permanently maintained and replaced if lost. Distance of the outer row to the property boundary or to the building area 1.5m, row distance 2.0m, distance within the row 2.5m" with indication of the plants to be planted. Basically we wanted (actually I did) a hedge in a wild growth style anyway, but the specifications there do somewhat exceed the measure, especially as we read it, it deducts from our property area, see the green bordered area on the development plan. Also to be provided with a protective fence.

Furthermore, on the development plan as of 16.09.2015 (!) protected trees and hedges are registered, which according to Google Earth have not existed since at least 2018/19 or earlier *scratches head*

And otherwise? The plans for an L-bungalow have been in the drawer for years, we were able to wait and are now at the starting line for the sprint. Please do not misunderstand the post as a request for advice, but we would like to take your input with us. Of course, we will get in touch with the building authority to clarify any arising questions.

By the way, the corner lots are gone (with ch), but nothing speaks against the middle one either. I am going now to pick the man off the palm tree.

Hi,

first of all: wonderfully written, you really feel like you’re sitting with us at the kitchen table, coffee steaming, legal texts piling up, the development plan fluttering in the wind – I can picture it.

To the point:
Point 2 is a bit tricky for you, but not the end of the world. Translated: nothing that counts as a “building” may be built between the street and the front building line – this also includes carports or garages. So they are not allowed in the front garden but would have to be either on the side of the house (if there is enough space) or at the back. The driveway would then have to run around the house, which takes space and of course is more expensive, but not impossible. Depending on the layout of the plot, it might be worth measuring the building line very precisely and seeing if you can still manage something clever with the floor plan.

Point 3 concerns the area at the top of the plan (north of the development area, marked with green hatching and “6”). That does not belong to you, it is a so-called compensation area, which serves nature as “reparation” for the intervention caused by the development area. It has to be maintained by the municipality or the project sponsor, so no stress for you at first.

About the coffee annihilator: yes, that’s really ambitious. Double-row hedge, three different distances, certain shrubs, protective fence – that really takes up space. And yes, that is your space, meaning the hedge must be planted within your plot. The width for that setup is about 4 meters. That is not insignificant, especially if you somehow need every square meter. But: such planting requirements are not uncommon and usually the goal is to create a green frame for the development area. You can talk to the building authority to see if a reduction might be possible given the size of your plot, sometimes individual solutions can be found. And of course, you can check how exactly it has been implemented at the neighbors – if they have already built there, you will quickly see how strict the municipality really is.

Regarding the registered hedges and trees that no longer exist: it is actually quite common that plans have not been updated for a long time. The best way is to consult the building authority or the responsible city planner, they can tell you whether it is still “active” or already irrelevant.

All in all, the whole thing does not seem dramatic, but there are a few things you need to consider early on before you start detailed planning. Above all, the question of whether the carport can really be reasonably accommodated somewhere should be discussed early with the architect. And how much space you need to plan for the hedge at the edge.

Best regards
Lars

Point 2. ... "Garages on the non-buildable property areas between street-side property boundaries and the street-side building boundaries are not permitted. And furthermore... on the non-buildable (as before)... outbuildings can only be allowed exceptionally." How do we get our carport attached to the house and how do we access it?

These are the usual 3 (or sometimes here 6) meters distance to the street. It's nothing special, and especially with an estimated property width of about 20m, there should be more than enough space beside the house. Point 3 has already been said not to affect you. And point 5 is really a bitter pill that you have to swallow. But that only costs "just" a few square meters of garden (since you wanted a hedge anyway) and a few extra euros. However, if this already causes you palpitations, you shouldn't build at all. The real bitter pills only come with the house construction.

Hm, at first while reading I thought that the mentioned Par. 9 Abs1, 25 Baugesetzbuch referred to the compensation area, but it must be the marked green strip. There are many such development plans and by far many more "impossible" things, which mostly all make sense - so don't choke on your coffee. Planting is something I find very important nowadays! Carport/garage within the building boundaries is completely normal, planting proposals also receive the green light. The only thing that can be criticized is the already existing design for the house. A house is designed according to the property and its location and orientation and pre-cisely: according to the development plan.

I also can't see the reason for the excitement. Completely unspectacular, the demands, if you ask me. I also don't understand the drama regarding the hedge. What exactly is your plan for the border design? Turf up to the fence? Otherwise, doesn't the volleyball court fit on the property or was football even intended? Or does self-sufficiency through vegetable beds require all the space in the garden up to the edge? You are acting as if you are losing the area under the hedge. But no, the square meters still belong to you. And oh joy, the natural hedge attracts birds, insects, and other inhabitants of this earth to your oasis and that of your neighbors. This ensures that it does not remain a lunar landscape.