Influencing the development of a new housing area - as a "normal mortal"?

  • Erstellt am 2020-05-07 19:20:23

JoachimG.

2020-05-11 12:44:26
  • #1
I have often experienced in my past role as a municipal councilor that private individuals have developed "building areas." However, I can only speak for us in Bavaria.


    [*
      Is the property located within the local area? (e.g., a field situated within the village)
      [LIST=1]
      [*]Yes - all good
      [*]No - a incorporation statute/change to the land use plan is required

    [*]Incorporation statute/change to the land use plan

      [*]You need the will of the municipality/politics to initiate this procedure. (Of course, it depends entirely on the situation in the municipality, e.g., few plots available, etc.)
      [*]You must bear the costs for the planning office that prepares the statutes and changes. In this process, the area is changed from, for example, agricultural land in the outer area to residential building land and incorporated into the village. Only then can building rights arise.
      [*]These changes are then publicly disclosed and every Tom, Dick, and Harry as well as the public authorities involved (offices, agencies, telecom, etc.) give their input on the planning. These objections must then be evaluated by the administration and a decision must be made as to whether to give in to the objections or to "ignore" them.
      [*]When all this is done and the disclosure rounds (several) are completed, you usually still need a development plan.

    [*]Development plan

      [*]Here, too, you must bear the costs for the planning office or administrative work.
      [*]The municipality/council also has a say here, as it concerns the appearance, as well as issues such as floor area ratio, number of floors, roofing, shrubs, etc.
      [*]Depending on the surface sealing, the development plan will also specify the compensatory area; without this, you generally will not get approval.
      [*]Once the development plan has been disclosed and the public authorities have commented on it, you can slowly begin to proceed with the building permit.


Biggest hurdles from experience:

    [*]Owners (often farmers) do not give up land
    [*]Compensatory areas are hard to find
    [*]In our area, nature conservation has often been a stumbling block. (Tip: coordinate with the nature conservation authority before any major planning.)

I think something like this is feasible; you should inquire about the political will at the municipality in advance (preliminary inquiry to the city/municipal council with a sketch) and also consult an appropriate planner right away. Depending on the location, it can be very important to involve the relevant specialist authorities (nature conservation, forestry, water management office, etc.) very early because in the end, they can be the "killjoys."
 

11ant

2020-05-11 13:10:12
  • #2
I think in any case that no municipality has ever waited for someone to arrive with the attitude "I, a newcomer, will now explain to you where there are building land reserves here." It is in the nature of municipalities to constantly keep an eye on where the tax subject "employed person" (or also "sole proprietor") can be located, because this is an essential source of revenue and allocation and provides security for independence. Municipalities with too few inhabitants are at risk of merging. On the other hand, population increases can also trigger additional responsibilities. In particular, no municipality wants single parents with delinquent payers of maintenance. Or welfare recipients. Double earners with young offspring are in demand. No municipality will hesitate long to offer them building plots wherever possible. That means where they do not do so, there are also reasons for that. Investors who only bring money for their own little plot don't help here – and smart alecks of the "oops, here I come" kind even less. Say goodbye to the idea of the sleepyhead municipality that a city dweller has to show the way. If they could, they would already want to themselves. But then it would – keyword local resident model – also be organized so that "America First" applies. Welcome is anyone who takes building gaps – but with those, the willingness in the village is such that according to §34 you must forgo the Tuscan Bauhaus tiered villa instead of a mansion with a purple clinker Kingsize garage. Then you get what the trowel drips – with Franconian vacuum cleaner kneepad.
 

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