Neighborhood concerns regarding exemption from the floor area ratio

Hello!

In an existing adjacent development area with relatively large plots, the floor area ratio was legally established at 0.3 in the zoning plan explicitly as a "maximum limit" to maintain the open character of the residential area. The plots are therefore easily buildable.

Now, a developer who builds houses exclusively for sale and has already divided a plot into two smaller ones for this purpose was granted an exemption from the floor area ratio up to 0.5. This now allows him to build a semi-detached house and a single-family house, where, in terms of the openness of the zoning plan, two single-family houses or one semi-detached house would have been possible.

This results in an impairment of the topographically lower-lying plot in the form of an oversized building structure facing south with corresponding shadow casting, which was actually meant to be avoided by the zoning plan designation.

=> Should the neighborhood concerns not have been taken into account in this case? And don’t these concerns carry more weight, since the plots as mentioned above would still have been easily buildable in accordance with the zoning plan?

Thank you very much in advance!

Smells like corruption. Take action against it. If necessary, go to the administrative court. But you have to be affected. Just having the feeling that it is wrong and must be prevented has zero chance. K.

This now arises actually with the zoning plan determination

Hello scooter

assume that "Vitamin-B" was involved.
You will run into a wall with the municipality. Tried and true tactic.
The press etc. or an official request to the mayor can bring clarification.

Steven

We have that suspicion as well. (DerBauher is building purely out of economic interest.) Especially because the exemption was granted in advance and now the construction project is supposed to proceed via construction notification. So again without the involvement of the neighbors. Although their protection according to §31 Building Code must be taken into account for exemptions! In addition, there is also the exceedance of the upper limit of structural use according to §17 Land Utilization Ordinance due to the exemption.

Does he already have a building permit?

Years ago we had problems with our neighbor. We, as neighbors, technically not even direct ones. There is about a 1 meter wide strip of land in between. All boundary distances should be observed and were disregarded.
Contact was made with the responsible building supervision authority. No building permit was granted.
It went back and forth for a long time until a solution was found. Not optimal but acceptable.

Search for the sun path, show the shading and talk to the building supervision authority.
After that, you can still take further steps.
If that is possible due to shading.

Has he already got a building permit?

According to the building authority, he has not yet.

But I fear that if it is actually a building notification due to the previous exemption, it could be considered approved without processing after some time. Wasn't that the case with a notification?