Existing buildings on plots in a new development plan

  • Erstellt am 2020-01-29 11:55:35

Escroda

2020-01-30 07:33:05
  • #1

Loopholes are opened by §31 of the Building Code. But since the development plan prevents construction in two ways (no building plot and no access), there will be explanations in the justification for the development plan, so the principles of the planning are likely affected and thus the loophole remains closed.

That would no longer be a loophole. The procedure is elaborate, must be well justified and requires extensive public participation.

Easy it is only if the public is asleep or fully agrees with the planning.

... is the current legal situation.

... is nonsense

Four years for a legally binding development plan amendment would be very ambitious (well, one does not know if and how long considerations have been worked on in secret) and only conceivable without public resistance. But since the current development plan does not seem to be that old, IMHO nothing significant will change there for the next 20 years.
 

DASI90

2020-01-30 09:41:17
  • #2


Thank you very much for the very helpful explanation! Although we have been dealing with the development plan for so long now, admittedly I had not really looked into the justification. And I did find something:



With the "prevention" of development of the areas outside the building plots, is that exactly what you were referring to?

Yes, the development plan is "brand new". The development was only completed in September 2019.
 

Escroda

2020-01-30 11:06:19
  • #3

Yes. Since it is explicitly mentioned here that no construction should take place there, this is IMHO a fundamental feature of the planning, so that exemptions according to §31 of the Building Code are excluded.
For someone wanting to build a garden structure, the only option would be to persuade the municipality to repeal or amend the development plan. Such a fundamental change to such a new development plan is highly unlikely. And even if it came to that, you could signal strong opposition during the early citizen participation, so that the municipality is no longer willing to pursue the plan.

Absolute certainty, of course, only exists if you acquire all neighboring properties.
 

DASI90

2020-01-30 11:45:40
  • #4


If I win the lottery in the meantime, I will consider the latter.

Ok, accordingly, apart from any guarantees, one can at least say that the conditions are at least favorable in the medium term for nothing to be built.

By the way, the saying that ‘‘... in 4 years at the latest there will also be construction in the gardens’’ did not come from the neighborhood or even from the municipality circle. No, that was a house seller from a large German general contractor who wanted to take away our so-called "illusion" that nothing will happen there in the next few years.
 

11ant

2020-01-30 16:17:43
  • #5

Wouldn't that already be prevented by the fact that it would be "outside the building envelopes," so it could already be rejected as a preliminary inquiry and would automatically exclude a clearance certificate?


Aha, does he (unfortunately only in other areas) have plots in hand, and therefore has to badmouth the local ones?
 

Schipa88

2020-04-09 09:38:42
  • #6
is the topic still current?
 

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