Experiences with forest conversion in the context of building permits in Brandenburg

  • Erstellt am 2019-04-26 09:20:18

UJREIMANN

2019-04-26 10:06:05
  • #1
Ok, thanks, but I will NOT build in the back part - the stupid, dried-up trees have to go. I will try it through the mayor and the lawyer.
 

Escroda

2019-04-26 10:11:54
  • #2
Does the project in the [Bauvorbescheid] correspond to that of the building application? How was the rejection of the building application justified? What exactly was the question regarding the [Bauvorbescheid]? Did the neighbors also submit a building application? And what does your planner say about it now?
 

UJREIMANN

2019-04-26 10:18:12
  • #3
1. yes.
2. I am still waiting for that, all other parties involved have already agreed, only the forester rejects it!
3. That is where the "rabbit is in the pepper" - I don't know.
4. yes.
5. I am planning myself, want to build with Heinz von Heiden. This is already my second house.
 

Escroda

2019-04-26 10:34:59
  • #4
Simultaneously? Are they also still waiting for the rejection notice? Can you explain the following statement? Which authority made what statement? So you are authorized to submit building plans? I think your problem is not based on building law, meaning the planned use of the areas is not preventing the construction project, but rather the local tree protection ordinance. With the existing preliminary building notice and a coalition of the four builders, it should be possible to negotiate an environmentally compatible compromise. Perhaps the building application simply lacks sensible compensation proposals for the felling permit. Of course, the forester acts as an advocate for the trees - who else? That's his job. If you want to go after "his" trees (or rather their roots), then you have to make qualified proposals on how you intend to compensate for this environmental damage. So study the tree protection ordinance, which certainly includes possibilities for obtaining a felling permit, and justify in detail for each tree why it must be removed and how you will compensate for it.
 

Marah1992

2022-09-09 16:26:21
  • #5
Hello everyone,
I saw on Google Maps that 2 houses have been built there now. So it seems you were able to clarify the situation? Congratulations :-)
May I ask how you were able to resolve it?
I am from Lower Saxony, we have a plot of land (fully developed building gap in the village) so in the inner area (§34 Building Code) where NEXT TO it is a forest plot. We have a lot of trouble with the local forest authority and have already involved a lawyer, we will probably have to assert our rights in court. The forest authority says we are not allowed to build on the plot because we have to keep a 25m distance from the forest boundary (the plot is 23m). We do not even have to and want to cut down trees. The plot itself is not forest. On the right and left, buildings have been built up to 3m from the forest... I would be interested to know how you managed to solve it :-)
Best regards
 

SaniererNRW123

2022-09-09 17:11:37
  • #6

That will be difficult. The building authority, in coordination with the forest authority, does have some leeway. Keywords are compensation areas and actual risk potential.

We had no chance in NRW. This is what our then (newly established) development plan looked like. The building area was defined to the north by the forest. Numbers 13/14 and 35 were somewhat fooled (35 was my property). We all agreed with the authorities that terrace roofs were allowed to extend into the 35m distance. Unfortunately, that was all there was.
 

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