Development plan obviously in progress

We want to build our house on my parents' property. In the meantime, we have also submitted a building application that is approvable to the municipality. We know it is approvable because this application has already been discussed by our architect with the superior building authority at the district office and has been approved by them.

Now we have learned that the municipality is planning a development plan specifically for the area in which we want to build our house. This development plan is not yet valid but is apparently currently being processed.

Aside from all the speculation as to why exactly only in the area where we plan to build a development plan is suddenly being issued (it only affects this one street where we want to build, not the other streets), my question to the experts:

If we submit our building application BEFORE the establishment of a development plan (only according to §34), and this application has already been coordinated with the superior authority, can the municipality throw obstacles in our way?

I am quite sure that the planned development plan will specify a floor space ratio that will practically make our planning impossible (we currently have a floor space ratio of 0.39 with the existing building), furthermore, things like the uniform orientation of the gables will probably be prescribed (allegedly to preserve the village character – someone show me an old village where all gables are militarily aligned the same way… but that’s not the topic here, it just annoys me terribly, I find it so awful).

Of course, we have always planned according to §34 and in close coordination with the building authority. And now we read something about a development plan that is to be drawn up here. This has, of course, initially sent our adrenaline levels soaring...

Can the municipality withhold our application until the planned development plan is finalized (if it goes through at all, because we are not the only ones who are quite opposed to it)?

What could we possibly do to get our building application approved despite the planned (and much disputed) development plan?

It is one thing that we would probably have difficulties with the planned development plan; another thing is that, of course, now with the planning completed, we would also like to start building (and financing before interest rates rise again) and not have to wait until the municipality eventually spits out a development plan after some nth round.

The procedure for a building application is at least in SH as follows: The completed application first goes to the municipality. It is advisable to submit it there in person. If the official/clerk there approves it, then it goes to the district building authority, and usually passes there as well. So test it. Bring it yourself to the town hall, then you will see what the official says. ..Or find out beforehand if you know someone there. Legally, it is like this: he has to decide according to applicable law. Not according to what might possibly apply in the future. But he could say: From an urban planning point of view, we do not want a new §34 development there because we are in the process of completely revising the area’s planning. The district building authority could override that. Could....but doesn’t have to. Karsten

And in the worst case, you just try to get the first draft approved by the lawyer or you pay your architect for a second draft. But the architect could have found out earlier that there is a development plan in progress, couldn't he?

Building permit applications can take time (and when the validity – mind you, the validity, not the sometimes lengthy discussion of a development plan – is about to expire, the processor might hold back the stamp a little longer). It is different with the exemption procedure: there are clear deadlines after which a non-rejection automatically constitutes an approval. If there is dawdling there, it is more your luck.

Every regulation only comes into force with its legal validity, not already with its announcement. A mere initial public display of a development plan (or even an announcement of the intended establishment) does not trigger a development freeze.

Apart from all speculations about why exactly only in the area where we plan to build suddenly a development plan is to be announced out of the blue (it only concerns this one street in which we want to build, not the other streets),

It is completely normal that in the successive establishment (or also amendment) of development plans, the areas where imminent construction activity is most likely expected are processed first. It is not urgent elsewhere. Many municipalities want to aim for a “comprehensive coverage” of the regulated areas in the long term. As a rule, plan amendments or establishments are only triggered by investor inquiries.

The completed application first goes to the municipality. It makes sense to submit it there in person. If the local official/caseworker approves it, then it goes to the district building authority

Isn't that dependent on who the lower building supervisory authority is? I thought in Bavaria these are the district administrations, if a municipality has not expressly been assigned this task. Who is the lower building supervisory authority here?

In the meantime, we have also submitted an approvable building application to the municipality.

Did you receive an acknowledgment of receipt?

We know it is approvable because this building application has already been discussed by our architect with the higher-level building authority at the district office and has also been approved by them.

Do you have that in writing?

This development plan is not yet valid but is probably currently being processed.

How far along is the planning? Is there a resolution to draw up the development plan, i.e., an official resolution passed by the municipal council, and has this resolution been made public?

If we submit our building application BEFORE the establishment of a development plan (only according to §34), and this building application has already been agreed upon with the superior authority, can the municipality throw a wrench in the works?

That depends on the answers to my questions. Possibly, the municipality can apply under §15 of the Building Code to suspend the approval process for up to 12 months.

What could we possibly do to get our building application through despite the planned (and highly controversial) development plan?

If I understand you correctly, these are currently only concerns. If the municipality does indeed oppose it and your architect cannot resolve it, probably only a skilled specialist lawyer can help.

As far as I have skimmed through in 3 years, the date of application always applies here.
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Maybe that’s also why asked whether you have the receipt in writing?!

Best regards, Yvonne