Justify building application - 40m extension zone at the highway

There is indeed the possibility to justify according to §9 FStrG Abs. 8, and I was explicitly requested to do so by Straßen.NRW! I had hoped for tips on what would ideally be stated there.

But you are definitely in the wrong place here; you urgently and absolutely need to see a specialist lawyer. Any possible deadline for submitting a statement should possibly be extended first, so go to an expert quickly. This is clearly not a suitable field to test the instrument of pub table swarm intelligence.

But you are in the wrong place here, you urgently and absolutely need to see a specialist lawyer. Any possible deadline for submitting a statement should possibly be extended first, so go quickly to the expert. This is clearly not a suitable terrain to test the instrument of 'Stammtisch' swarm intelligence.

cool wanted to already shout my 'Stammtisch' slogan in here but I agree with you. City/countryside is an overwhelming opponent

you urgently and absolutely belong with a specialist lawyer

No, not yet. We first need to check a few facts. If the applicants have so far not addressed the issue of the motorway proximity even in a single word, it must be rejected. The authority is not looking for arguments in favor of the construction project.

We submitted a construction pre-application about a month ago.

Who? An architect?
What was the question, i.e. which points were to be clarified in advance?

Nevertheless, taxes for building land have been paid on the property for 20 years

Irrelevant under building law

Does anyone have tips for justifying the "particular hardship"?

An experienced architect will surely come up with the right words. From me:
- particular hardship due to atypical plot geometry (acute angle to the BAB)

The BAB at this point is already built three lanes wide

- no impairment of public interests (safety and smoothness of traffic)
For support: Is there a noise protection wall? Together with the trees, there is visual protection (?), so that drivers cannot be distracted by activities on your property.

the southern neighbor is the city, which built refugee homes there about 2-3 years ago (these are FULLY in the prohibition zone).

Unfortunately not comparable, since the construction of refugee shelters has served the common good since the refugee crisis and exceptions are therefore very easy to justify. But they still help you, since the public interests that might oppose your project are already affected by the refugee homes.

A neighbor about 500m further north also placed garages directly on the boundary wall and they are even approved, because he has issues with many neighbors.

Yes, ask him. I would say triple garage, especially at that location, you can forget about. There is enough space for a double garage south next to the house. No particular hardship there.

Thank you , these are the first really helpful questions. I would be happy to answer them as well.

I submitted the building inquiry myself, precisely because of the issue with the 40m zone. The building inquiry is meant to clarify (because of §34)
- Color of the bricks
- Exterior plaster
- Basic buildability with a single-family house and double garage
- Number of floors + roof shape
- Special measures due to the BAB (ventilation system, soundproof windows, etc.)

There is already a noise protection wall and a very old, tall deciduous tree stand. The highway passes about 3m above the property + the noise protection wall is 4m high. You can only barely perceive and hear the highway when standing on the property.

I have also thought about the garage next to the house, but unfortunately that builds up the whole side and you have to do without windows, which I of course want to avoid.

My approach is to respond to Straßen.NRW with legal assistance until the appointment (possibly with an extension) and stick to my plans. I can always make compromises if Straßen.NRW opposes it.

Again, about the underground garage:
I think that, apart from the immense costs, I will not be able to realize an underground garage entrance from the street edge to the house wall of 5.8m that you can actually drive up and down.

Attached are the trees that shield the property from the BAB. View facing south.

Regarding TG, one can expect approximately 30k per parking space.

- Color of the bricks

... cannot be regulated by the authority under §34, unless a separate design statute (or other statute, e.g. monument area) exists.

- Exterior plaster

?

- basic buildability with a single-family house and double garage
- number of stories + roof shape

I assume the restriction refers to the planning law admissibility. Or have you also submitted construction drawings? Has the building authority already made any statement about this? Have you been contacted directly by StraßenNRW?

- special measures due to the BAB (ventilation system, soundproof windows, etc.)

But this was only about structural measures on your house? So far, you haven’t provided a justification why you have to build within the 40m zone?

There is already a noise protection wall + a very old tall deciduous tree stock there. The motorway passes approximately 3m above the property + the noise protection wall is 4m high. When standing on the property, you can only guess the motorway and hear little.

That sounds pretty good. That already removes a number of public concerns that argue against your intrusion into the building prohibition zone.

My approach is to respond to Straßen.NRW with legal assistance until the deadline (possibly with an extension) and to stick to my plans.

Of course, you can already involve a lawyer now. However, this carries the risk that the opposing party will only respond with the involvement of the legal department ... and that can take time. Get yourself an experienced architect. He should assess the garage situation himself. Such a project requires at least two DIN A4 sheets of explanations why it is absolutely necessary to build this way. A professional will also use the correct terminology so that the other professional can grant the exception without hesitation.

I can still make compromises if Straßen.NRW is against it.

Yes, but your preliminary building inquiry will be rejected at first. You are asking the approval authority many questions that concern several laws (Building Code, NRW Building Regulations, FStrG, ...). The authority therefore involves StraßenNRW, receives a negative opinion, no longer has to decide on the rest, and you still don’t know anything. Find a good architect, he will handle it. Everything else is, in my humble opinion, a waste of time and money.