11ant
2017-02-05 21:31:38
- #1
Regarding the development plan: I asked the municipality several times. The statement was that they don’t even look at the application because, firstly, they don’t care how we build, we should build however we like. And secondly, because they see the responsibility for compliance as lying with the architect. [...] I have always understood the position of the house and carport on the DP as a suggestion. [...] That’s why I asked the building authority twice, each time a different employee. One said it should rather be understood as a recommendation than an obligation. Written quote from the other: "The driveway can also be placed elsewhere, but not in the curve area. The intersection area of the two streets must in any case be kept clear. If there are no other deviations from the development plan, in our opinion, the construction project can be carried out under the permit exemption procedure. Ultimately, it is up to your planner to decide whether to apply for a permit or not. After all, he bears sole responsibility for this."
Wishy-washy information is an indication of a lack of competence. The authoritative opinion of the authority is ultimately expressed by the head of the office, and he does not care whether his subordinates hold different beliefs on a factual matter.
Development plans are firstly not suggestions but legally binding documents; and secondly, they do not necessarily consist only of the graphical part. If symbols for houses and outbuildings/garages are drawn in with concrete specifications (here clearly: pitched roofs, regarding the main buildings also clearly with the required ridge direction), then I would never consider that decoration. Rather, it is an indication that such details are contained in a so-called "textual provision" of the development plan.
Prescribing the side for the driveway would be unusual in a residential area with equally ranked residential streets. Where one street is a residential street and the other a through road, this might occasionally be the case. Excluding the driveway from being placed in the intersection area is also unusual but can certainly be practiced by the municipality as part of "hazard prevention" — after all, it would require the attention of traffic participants from three directions at once there. In the specific case, however, it seems to me that the authoritative decision on this results from the indicated location of the garage.
Regulations differ by federal state as to when a building permit is required and when a building notification suffices. In the latter case, the builder or his architect may still submit an application, which then must be processed — by approval, rejection, or also by the exemption notice. The sarcastic concluding remark means in English: even a building requiring only notification must be torn down if it does not comply with the regulations. And precisely for this reason, in optional cases a formal building permit application is sometimes gladly submitted anyway: if the permit is granted, then it is also valid. Then the authority will stand behind the error of a caseworker if need be, who thought the house symbol was just for fun on the plan and that the citizen had all the freedom of taste in the world.