Development plan - what counts

Hello experts,
I am currently in a dispute with the municipality regarding the interpretation of the development plan for a new residential area where we have built ourselves.

The matter is as follows:
According to the development plan, a noise protection embankment is to be constructed along a fairly busy federal highway:

Excerpt from the development plan text section:
5.
Precautions and special facilities to protect against harmful environmental impacts within the meaning of the Federal Immission Control Act § 9 para. 1 no. 24 and § 6 of the Building Code
5.1 Noise protection embankment/wall (along the B XXX):
Within the public green area no. 2, designated purpose - noise protection embankment/wall -, a noise protection embankment or noise protection wall with a height of 3 m above the adjacent area of the B XXX is to be constructed on the designated areas.
The noise protection wall must be "highly absorbent" on the road side and comply with the "Additional Technical Regulations and Guidelines for the Construction of Noise Protection Walls on Roads - ZTV-Lsw 88".

Now I inquired at the municipality when this noise protection embankment will be built.
In doing so, I was told that the construction of the noise protection embankment is subject to certain conditions. According to the municipality, these conditions have not yet been met. Therefore, the noise protection embankment will not be constructed.

The strange thing, however, is that these conditions are not listed in the development plan itself, but in the justification for the development plan.

My question now is:
What legal relevance does the justification for the development plan actually have?
From what I have been able to find on the internet, the justification is merely, according to § 3 para. 2 of the Building Code, a necessary procedural step in the development plan process when creating a development plan.

I understand this now to mean that this justification merely has an explanatory character. What is always binding, however, is what is recorded in the development plan itself.
Moreover, in our development plan itself, there is no reference to the justification, nor is it mentioned as an annex, etc.

Am I correct? Is what is legally binding in building law what is anchored in the development plan or also what is stated in the justification text?

Thank you very much in advance.

Would you briefly outline what kind of conditions are involved?
Is it possible to roughly estimate when these conditions will occur?

I assume your goal is to have this wall built because you feel affected? How severe is the distress at that particular spot?

My question is somewhat along the lines of: Are you the troublemaker who is now upset because some regulations were not followed, simply out of principle and because you hear a little car during Sunday barbecues or something?
Or do you and perhaps even several neighbors already have a major health problem because the noise from the 100,000 daily cars and trucks causes massive impairments that are no longer acceptable?

My layman's opinion: The justification for the development plan and the development plan itself should not contradict each other. I would go to a lawyer specializing in construction law and get advice there. If I were in your situation, I would see it the same way: the development plan is decisive.

Hi,
of course the justification is relevant, otherwise you wouldn’t need to provide it :-)


§ 9 (Content of the development plan).

(1)........
(2)........
(3).......
(8) The development plan must be accompanied by a justification including the information according to § 2a.

and now back to the top....... :)


§ 2a (Justification for the land-use plan draft, environmental report).

(1) The municipality must attach a justification to the draft of the land-use plan during the drafting procedure.
This justification must set out in accordance with the current state of the procedure
1. the objectives, purposes and significant effects of the land-use plan, and
2. in the environmental report according to the annex to this code, the environmental protection concerns identified and assessed on the basis of the environmental review pursuant to § 2 para. 4.
The environmental report forms a separate part of the justification.


Regards

Hello,
I understand that the justification has a purpose and meaning.

§ 2a (Justification for the draft zoning plan, environmental report).

(1) The municipality must attach a justification to the draft zoning plan during the preparation procedure. It shall set out, in accordance with the stage of the procedure,
1. the objectives, purposes and significant effects of the zoning plan and
2. in the environmental report pursuant to the annex to this code, the environmental protection concerns identified and assessed as a result of the environmental assessment in accordance with § 2 paragraph 4.
The environmental report forms a separate part of the justification.

But the question that remains open for me is: Are the details in the justification supplementary to the zoning plan? My point is that according to the zoning plan, there are no restrictions or any reference to the justification at this location. Is this usual and correct? Or should there have been a reference to the justification in the zoning plan?

There is no need to explicitly refer to things required by law: it is clearly stated that the justification must be attached, so this does not need to be described separately.

It is possible here that the noise protection is only erected once the majority of the building plots have been sold/built, because then the income from the land sales may only be available at that point or the need only fully exists then.

At this point, I would be interested in the concrete justification from the municipality as to which conditions the construction is tied.

Best regards Dirk Grafe