Is the community required to develop if a development plan exists?

  • Erstellt am 2020-05-05 21:19:37

Specki

2020-05-05 21:19:37
  • #1
Hello guys,

things are hectic here and I need your advice again.

Maybe some of you know that for some time now we have been planning a single-family house and our existing property was supposed to be sold. There are some threads about this.

So. Last week I received info from the municipality that I can forget everything.
Today I talked to a friendly real estate agent who said that’s not true.

So, I’ll start from the beginning.

In the attachment you’ll find an excerpt from the development plan.

The purple-bordered plots (there are two different cadastral numbers) both belong to me. (I'm sure some of you have seen the plan a few times already.)
It is a development plan from 1974.
The yellow road to the north does not yet exist. However, it has been in the development plan since 1974.
The red house on my northern plot does not exist yet either but is presumably just a “placeholder” in the development plan. But exactly there we want to build the single-family house.

Now briefly about the current state of the area and the road. You can see that in the Google screenshot in the attachment.
The road is developed and connected as a gravel path with crushed stone up to the first three plots. After that, there is a meadow and then the trees. So there would be 3 possible building plots which would be connected by the road once finished.

Why was the road not built as planned so far? Our left neighbor used to own the plot through which the road would run. Through a forced auction, the city made use of its right of first refusal last year. So now the city owns all the plots for the road.

I was always in regular contact with the city. The plan was to build the road by September this year.
Apparently, the final invoice for the road had to be done by March 2021 so that the development costs could still be passed on to the residents, and that was why the city wanted to build the road by then.
North of my plot there were some trees. They had to go. One day I saw someone from the city there. He said he wanted to inspect it and now had to talk to the nature conservation authority to see if the trees could still be cut down. (Actually not allowed at this time of year.)
A few days later I saw him there again, with someone else. (I couldn't join as I was in a phone meeting.)
Two days later workers came from the city and cut down the trees. I talked to them a bit. They said that the road is now going to be built and the guy from the nature conservation authority had granted a special permit to cut down the trees.
So, then I saw that on the following Tuesday the city council was to officially decide whether the road would be built. According to the city guy, that was basically just a formality.

The day after the city council meeting (last week on Wednesday) I called him to ask if everything was going as planned.
Well... here comes the catch. He said they decided against building the road.
Reasons for this:
- The upgrade is no longer strictly necessary to still be able to pass on the costs to the residents. Since some groundbreaking for the road apparently took place in 2011, it’s sufficient if the upgrade is carried out by 2036. So there is no pressure and there is still enough time.
- Time pressure if they did it now, they possibly want to replan.
- Some neighbors opposed because they would have no benefit but only costs. They wanted to avoid trouble or having to deal with objections etc.
- Corona is throwing everything off right now, they expect tax shortfalls and want to hold on to the money a bit at the moment and use it for more urgent matters.

So... what do you do now. He said the road will not come.
We actually didn’t want to lay the access through the southern plot because then we would have a long driveway. Also, clearing snow in winter in the Allgäu is not so great. And the guy from the municipality also said if there is no development for the plot, we probably won’t get a building permit either.

So, for now we have called everything off. We cancelled all construction companies we were in contact with and have somehow come to terms with the fact that maybe the road will be built by 2036 sometime, or maybe never.

Now I just talked to my buddy who is a real estate agent.
He was totally stunned after hearing the whole story. But he also said that as soon as I make an input planning (development application) for a plot in the development plan, normally the city is obliged to develop the plot. He couldn’t say that with 100% certainty now, but he said that’s how it usually is, he has heard of one or two cases in passing.
The fact is, there is a valid development plan from 1974. The fact is also, the municipality owns all the plots to execute the road.

So, there are a few people here who are pretty deep into this matter. Maybe someone knows relatively for sure how this works.
I now have a little glimmer of hope again, even if it’s not too big.

I am curious about your assessment.
Please tell me whether it is really well-founded or if it is just your opinion or feeling.

I hope I have described the case in enough detail. If you have any questions, please get in touch.

Thanks a lot already!

Regards Specki

 

HilfeHilfe

2020-05-06 06:19:38
  • #2
hm do I see that wrong or isn't the property already connected to the main street? why would the city then plant one behind the house...
 

Specki

2020-05-06 06:32:09
  • #3
There are two plots of land, two parcel numbers. (I have marked it again in the attachment with the colored separation) And the person from the municipality clearly said that I cannot build at the back if it is not developed at the back.

The street has been planned since 1974. Since then, the gravel path has also existed, which only serves the first three plots. I suspect that it was not continued back then because the rear plots did not yet belong to the municipality and probably no one wanted to build there yet.

 

Zubi123

2020-05-06 07:13:09
  • #4
Just speak to the local politicians. They are the ones who ultimately decide. You need to convince the politicians that the road is necessary now. Obviously, that is exactly what your „new neighbors“ did and found the appropriate attention.
 

Specki

2020-05-06 07:15:54
  • #5
The municipality was informed that we want to build. It was also recorded in the minutes that we are already poised to start and would begin as soon as the road is in place. Nevertheless, they have now decided against it. So I can't do anything about it for the time being, unless the municipality is obligated to develop the infrastructure if we now submit a planning application.
 

Grobmutant

2020-05-06 07:49:55
  • #6
Send me a private message. Unfortunately, I don't have enough posts yet.
 

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