Municipal development plan insufficiently executed, what applies?

Hello everyone,

We intend to purchase a plot of land in a town in Lower Saxony. The town belongs to a larger municipality. This municipality is logically located in a district. I will remain somewhat vague at first so as not to discredit anyone. We may also be completely wrong.

The plot to be purchased is located in a new development area. A new development plan has been adopted for this new development area. We envision a single-family house with two gables (so-called captain's gables). Gables, dormers, or roof indentations are not mentioned in the development plan. The development plan only stipulates a knee wall ("top edge of the shell ceiling... bottom edge of the roof surface") of 50 cm. The knee wall must be adhered to, that much is clear. According to our understanding of the Lower Saxony building code, however, the gables should not pose a problem as long as they are subordinate.

The district shares this view, at least verbally over the phone. The municipality says a clear no.

But if the development plan is so imprecise, then shouldn’t the superior Lower Saxony building code apply?

For us, a simple single-family house without the desired gables is unfortunately not an option. Primarily, it is about the usability of the upper floor and we simply find it beautiful.

We fully understand that the municipality and possibly also the local neighborhood only want new buildings that fit well into the townscape. Strangely, there is a house not far away like the one we would like to build ourselves.

Perhaps someone has had a similar case and can report.

With the development plan, the matter is relatively simple. The development plan excludes certain things (e.g., glazed bricks) and prescribes certain other things (e.g., maximum sizes). If you comply with the development plan, it does not matter at all whether the municipality likes it or whether there are similar houses nearby. If the municipality refuses you the permit, you could sue for it. The crucial point here is the question of what is included in the development plan and what is not.

We have a case here where someone wants to divide plots and realize 3 tiny houses per building plot. No one approves, not even the municipality. But there is no minimum size for houses, so the building application cannot be refused as long as it complies with the floor area ratio and provides 2 parking spaces per residential unit.

We have the idea of a single-family house with two gables (so-called captain gable).

For equal treatment with I have to first amuse myself about the second captain for the reverse trip ;-)

In the development plan, gables, dormers or roof cutouts are not mentioned. [...] But if the development plan is so imprecise, then the higher-level Lower Saxony building code should apply?

Maybe it does. A vacuum cleaner knee wall sounds inconspicuous, but can certainly be suitable in individual cases with two captain gables to break the full story limit.

The development plan only stipulates a dwarf wall ("top edge of the raw concrete ceiling... bottom edge of the roof surface") of 50 cm. The dwarf wall must be complied with, as far as is clear.

I only know the confusion of terms dwarf wall/knee wall in the other direction ;-)

I will remain somewhat vague for now so as not to bring anyone into disrepute.

You cannot do that. Development plans are public – if a municipality should embarrass itself there, your discretion won't heal that. Best you say (without link!), what the development plan is called. The written word (or plan symbols) applies – additions in invisible ink are irrelevant. The municipality cannot interpret the plan arbitrarily, but experience shows there is much "fine print" overlooked by laypeople.

@ Thank you very much for your contribution. In principle, we see it the same way. Theoretically, it should be a self-runner, but in the end, we don't want it to escalate into a legal dispute. What actually discourages us is the strict rejection by the municipality, which would review the building application in the first instance. @ DEVELOPMENT PLAN NO. 53 "OHLENBÜTTEL" There was a change in 2021/2022 "1st amendment and supplement with local building regulations" The change somehow can't be found on the municipality's website; if you search via Google, you can download the current one from the district office.

On the municipality's website, the change can't be found somehow,

... maybe not in their intranet either? *LOL*

There was a change in 2021/2022 "1st amendment and supplement with local building regulation"

Was the subject of the rejection also the subject of the changes?

The original development plan and the amended development plan read the same in this regard. No exclusion of dormers, gables, or roof recesses. Even the knee wall remains unchanged, although no longer in the same wording.