Does the development plan apply to garden sheds? Lower Saxony

  • Erstellt am 2019-05-03 12:54:56

boxandroof

2019-05-03 12:54:56
  • #1
Hello,

could someone of you answer me the question whether the regulations of the development plan have to be considered when erecting a typical garden shed of about 6-10m²?

    [*]"The buildable areas of the property are defined by building boundaries. In the areas outside the building boundaries, according to § 23 para. 5 of the Land Use Ordinance, ancillary facilities within the meaning of §14 Land Use Ordinance as well as structural installations, insofar as they are permissible under state law in the distance areas, are excluded."
    [*]"Outbuildings and garages must be matched in construction and material to the main building."
    [*]"For outbuildings, extensions and garages, shed roofs with a minimum pitch of 25° are also permitted."

The development plan is from 1996, Lower Saxony. Our new building will be surveyed soon.

Thank you
 

Nordlys

2019-05-03 12:58:23
  • #2
Oh God. Everything forbidden! No shed made of sheet metal or pine is allowed in the corner. What a stupid backup plan. Completely impractical and in bad taste.
 

Escroda

2019-05-03 14:23:52
  • #3

Maybe. But do you know the building boundaries? If they are generously sized, it’s not so bad.

In the "Arbeitshilfe Bebauungsplanung" of the state of Brandenburg it says:
The general exclusion of ancillary facilities also overshoots the mark in most cases in landscape-sensitive locations.
This means that the urban planning intentions of this regulation must be explained in more detail in the justification of the development plan. Otherwise, there should be nothing to prevent an exemption for a small garden house.
 

boxandroof

2019-05-03 15:38:42
  • #4
Thank you for the answers. Yes, the development plan is special, and this is only a small excerpt. Our idea for the hut does not correspond to any of the listed restrictions. Justifications cannot be found in the development plan.

There are no garden huts available for purchase that resemble our house in their construction or material, but in my opinion, according to the development plan, it would be permissible to match a facade part of the house to the hut. However, the material question is already irrelevant because of the building window.

The question is: does a development plan apply at all to a garden hut/what is an ancillary building? I believe I have read that after the creation of the development plan in 1996, newer state laws were introduced, in which, for example, boundary constructions are regulated. However, I cannot classify this further.
 

Scout

2019-05-03 16:07:31
  • #5
The easiest thing will be if you go to the building authority and ask them what is possible from their perspective. In case of doubt (retrospectively), it must be decided there whether it is permissible, so I would clarify that directly right away.
 

boxandroof

2019-05-03 16:14:16
  • #6
Thank you for the assessment. I will do that.
 

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