HoPaMü
2018-12-02 09:10:31
- #1
We want to build a pool soon and a corresponding privacy screen around it. Our property (in Bavaria) is located at the front on a street; behind the house, there is an approximately 7-meter-wide green area behind our garden fence, followed by a path for pedestrians (and beyond that, further properties). The privacy screen should partially replace the garden fence as a boundary to the green area.
The development plan contains the following regulation regarding garden fences / privacy screens for our property:
"FENCES:
Type and execution: Only wooden fences or metal fences with vertical slats are permitted towards traffic areas.
Base: Not permitted
Height: At least 1.00 m and a maximum of 1.20 m measured from the upper edge of the sidewalk or street".
According to this regulation, in my opinion, we may only install a fence with vertical slats at a height of 1–1.2 m towards the street. There is no regulation for the green area side. Here, a privacy screen about 1.80 m high could be installed without problems.
Now my questions:
Does the passage FENCES of the development plan regulate my matter? Or is there usually another passage for this?
Is my above legal interpretation correct?
What should be considered, if anything?
I am aware that normally contacting the municipality about this issue would be the easiest way. However, I have the problem that the respective municipal representatives do not put much stock in the law and rather follow the principle "regional law trumps state law."
Thank you very much in advance.
The development plan contains the following regulation regarding garden fences / privacy screens for our property:
"FENCES:
Type and execution: Only wooden fences or metal fences with vertical slats are permitted towards traffic areas.
Base: Not permitted
Height: At least 1.00 m and a maximum of 1.20 m measured from the upper edge of the sidewalk or street".
According to this regulation, in my opinion, we may only install a fence with vertical slats at a height of 1–1.2 m towards the street. There is no regulation for the green area side. Here, a privacy screen about 1.80 m high could be installed without problems.
Now my questions:
Does the passage FENCES of the development plan regulate my matter? Or is there usually another passage for this?
Is my above legal interpretation correct?
What should be considered, if anything?
I am aware that normally contacting the municipality about this issue would be the easiest way. However, I have the problem that the respective municipal representatives do not put much stock in the law and rather follow the principle "regional law trumps state law."
Thank you very much in advance.