Escroda
2017-08-15 20:42:50
- #1
As always, without knowledge of the entire development plan and the textual determinations, only very vague guesses are possible. Visiting the local approval authority would certainly be more enlightening. Here are my assessments anyway:
Not at all. Once again, an example of failed formulations in the development plan. A circle has a clear center point, an irregular area does not. Even with a triangle, the question arises whether the intersection of the altitudes, the perpendicular bisectors, the angle bisectors, or the medians is meant as the center point.
The city planners probably actually mean a point in this area, so they probably will not accept the following interpretation: the center point of the "diagonal" from one building window corner to the other, e.g. (291.61+291.17)/2=291.39. However, this calculation cannot be disproven based on the description of the reference point.
If only your property has the steep slope, this is a special exceptional case that can indeed justify an exemption. It depends on the formulation skills of your architect and the mood of the case officer.
Whether an exemption is granted is normally not decided by the building authority but by whoever established the development plan, i.e. the municipality or the urban planning office. The staff should be open to good arguments. Possibly seek a discussion with the head of the office.
Most planning law determinations do not have a neighbor-protective effect, which, in my opinion, also includes the height determination. Even though §31 of the Building Code speaks of the consideration of neighborly interests, neighbors are not involved in exemptions, unlike deviations from building regulations (distance areas, fire protection, ...), and also have no rights of objection.
How is the reference point to be understood?
Not at all. Once again, an example of failed formulations in the development plan. A circle has a clear center point, an irregular area does not. Even with a triangle, the question arises whether the intersection of the altitudes, the perpendicular bisectors, the angle bisectors, or the medians is meant as the center point.
Is this really the central highest point within the building window, i.e. approx. 290.09m? Can it be interpreted differently?
The city planners probably actually mean a point in this area, so they probably will not accept the following interpretation: the center point of the "diagonal" from one building window corner to the other, e.g. (291.61+291.17)/2=291.39. However, this calculation cannot be disproven based on the description of the reference point.
If according to the development plan no, could one be exempted from this for the specific property?
If only your property has the steep slope, this is a special exceptional case that can indeed justify an exemption. It depends on the formulation skills of your architect and the mood of the case officer.
how much freedom does the building authority have
Whether an exemption is granted is normally not decided by the building authority but by whoever established the development plan, i.e. the municipality or the urban planning office. The staff should be open to good arguments. Possibly seek a discussion with the head of the office.
how much say do the neighbors have
Most planning law determinations do not have a neighbor-protective effect, which, in my opinion, also includes the height determination. Even though §31 of the Building Code speaks of the consideration of neighborly interests, neighbors are not involved in exemptions, unlike deviations from building regulations (distance areas, fire protection, ...), and also have no rights of objection.