Deviation from the development plan in the new construction area is possible

  • Erstellt am 2018-02-16 10:47:45

Alex85

2018-02-16 18:31:13
  • #1
Dear 11ant, in what way is the invalidity of the development plan supposed to be helpful to anyone in terms of acceleration? Total nonsense!

Absolutely nothing will happen here until the development plan has been revised. The authority loves legal certainty, and no approval, let alone deviation, will be granted while the development plan is being changed.
One should be grateful if it really stays at 6 months, that would already be fast!
 

11ant

2018-02-16 18:45:12
  • #2

Seized development plan creates a §34 condition
 

Alex85

2018-02-16 18:48:26
  • #3
And then everyone applauds jubilantly and gets approvals as they please?
 

11ant

2018-02-16 19:30:31
  • #4


§34 means an obligation to integrate instead of the specified regulation - by no means free beer for everyone or carnival in Knieritz an der Knatter.
 

Alex85

2018-02-16 19:32:16
  • #5
Sure. In practice, everyone would probably just have to keep their feet still until the situation is resolved. It certainly won't make things any faster.
 

11ant

2018-02-16 20:04:37
  • #6
I understand it as there already being neighboring buildings – so also integration standards; unfortunately, on the opposite side of the street (and that’s where a specialist lawyer might come into play if the municipality doesn’t naturally understand that it has to apply TH(T) of the neighbors opposite as a standard to TH(B) in this sense. If they can’t even properly read their own distance regulations, this need for further instruction is probably necessary.
 
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