Interpretation of the development plan

Hello dear forum members,
my husband and I have found a plot of land that we really like, but we are not sure whether our project can be realized there. I am a psychotherapist and we would like to build a house in which a practice could be integrated. This means specifically: a room with a maximum of 20 sqm and a guest toilet either in the basement or on the ground floor of the house, separated from the rest of the living space. It would be an appointment-only practice, i.e. only one patient comes at a time (so there are no 10 cars of waiting patients in front of the house).
The plot is located in a general residential area, i.e. normally practices are allowed there as long as the residential character of the house is maintained.
Now we have requested the development plan and it says the following:
1.1 Art der baulichen Nutzung (§ 9 Abs. 1 Nr. 1 Baugesetzbuch)

1.1.1 Allgemeine Wohngebiete WA 7 und WA 8 (§ 4 Baunutzungsverordnung)

Within the general residential areas WA 7 and WA 8, the following facilities that can be approved according to § 4 Abs. 2 Baunutzungsverordnung, according to § 1 Abs. 5 Baunutzungsverordnung in conjunction with § 31 Abs. 1 Baugesetzbuch, are not part of the development plan:
 Facilities for religious, cultural, social, health and sports purposes.

The following facilities that can be exceptionally approved according to § 4 Abs. 3 Baunutzungsverordnung are not permitted according to § 1 Abs. 6 Baunutzungsverordnung in conjunction with § 31 Abs. 1 Baugesetzbuch:
 other non-disturbing commercial enterprises,
 facilities for administrations,
 horticultural businesses,
 gas stations.


Does this now mean that a practice is not possible? Has anyone had experience with exceptions from the development plan? We have already contacted the building authority, but so far no one has answered our question and we are afraid that someone might snatch the plot away from us.

Thank you and best regards,
Chriju

Hello,

Does this now mean that a practice is not possible?

If that is all that is excluded in the development plan, you can run your practice there. However, it must be ensured that there is no public traffic - meaning a lot of people in the waiting room and thus many cars in front of the house.

Kind regards

Hello,
first of all, thank you for the response. So it would definitely be as you wrote. One patient would come per hour at a fixed appointment, so no waiting patients and therefore no parked cars. I am still uncertain, however, and unfortunately we still have no feedback from the building authority. I am copying here an excerpt from the "Justification for the Development Plan":

3.2 Type and extent of structural use
3.2.1 Type of structural use
3.2.1.1 General residential areas
The building areas within the scope of application are designated as mixed-use areas according to § 6 of the Land Use Ordinance as well as general residential areas within the meaning of § 4 of the Land Use Ordinance.
Within the general residential areas WA 7 and WA 8 – deviating from the regulations of § 4 para. 2 Land Use Ordinance – the generally permitted use of facilities for church, cultural, social, health and sporting purposes according to § 1 para. 6 Land Use Ordinance is excluded. Furthermore, – deviating from the regulations of § 4 para. 2 Land Use Ordinance – the exceptionally permitted uses such as other non-disturbing commercial enterprises, administrative facilities, horticultural businesses as well as gas stations are excluded.
The developer considered these uses in the general residential areas not compatible with the objective to create an area with high residential quality for young families and an appropriate street space function, due to the expected space requirements, expected traffic generation and the associated emissions as well as the expected social impacts (milieu).

Is the answer still that a practice would be allowed? If yes, how is this justified?
Best regards,
Chriju

Hello,

Hello,
... In addition – deviating from the regulations of § 4 para. 2 of the Federal Land Utilization Ordinance – the exceptionally permissible uses of other non-disruptive commercial enterprises, administrative facilities, horticultural enterprises as well as gas stations were excluded.
The plan issuer considered these uses in the general residential areas to be incompatible with the objective of creating an area with high residential quality for young families and the corresponding recreational function of the street space due to the expected space requirements, the expected traffic generation and the associated emissions as well as the anticipated social impacts (milieu).

Is the answer still that a practice would be allowed? If yes, what is the reasoning?

My personal opinion: yes.

With the additional exclusion above, for example, a tree nursery or a private/public administrative branch office is meant. Common to all – even if they are very small – is that more traffic is generated; in addition, parking spaces must be created for these businesses.

But as always in life: it depends on your counterpart in the building authority. If this person is strict, you’re the last, because the formulations of the development plans allow a lot of room for interpretation. It is comparable to a court case: in the end, you get a verdict – rarely justice!

I could imagine that the official would agree – if they are a thinking being – to request an additional parking space so that your patients do not occupy other parking options in the new development area. It is not least up to you how you address the people in the building authority and present your concerns. If the official happened to have slept badly the night before, you can try as hard as you want, it will amount to nothing.

So think positively and go ahead. You don't have a permit yet – you can only win!

Kind regards