New construction on private property allegedly not possible/wanted by the authorities?

  • Erstellt am 2017-05-21 14:36:25

michi84

2017-05-21 14:36:25
  • #1
Hello,

my father owns a house with approximately 3500 m² of land (green area). I would like to build my house on a part of the property.
The building authority then said I would need an "Immissionsschutz-Stellungnahme" for a preliminary building inquiry since there are agricultural businesses nearby.
Okay, had the statement made by the Chamber of Agriculture (cost ~ €1700).

Then submitted the preliminary inquiry.
The response was, well, the statement is acceptable (nothing speaks against it).
BUT
It is supposedly on the outskirts of the village and the gap (property) is too large!
The municipality and the nearest administrative office give the green light. But the building authority in the district town always rejects everything.

Now I understand that the building authority doesn’t really want people to build in rural areas anymore; they prefer people to move into the city.

A development plan has now been applied for via the municipality. My father is also on the municipal council.
But the company commissioned is supposed to first look in the village where there might be more building plots, and then maybe build somewhere else first...

There are still 3 houses up to the village sign, and an "older" settlement also begins at the village sign. So much for the outskirts...

I don’t really understand this.

It’s okay to have certain requirements, but I get the feeling that the building authority does not want construction here at all. Whereas the municipality and nearest administrative office have no objections.

A few years ago, individual houses were built here, some even far on the outskirts. Has something changed in the laws since then?

Do you have any suggestions/ideas on what else I could do to make this happen after all?
We have been fighting this for 2 years now.
 

DNL

2017-05-21 15:32:18
  • #2
Filing a complaint about the caseworker together with a lawyer should work quite well.
 

Payday

2017-05-21 16:57:40
  • #3
Does the rejection not have to be justified with legal regulations? Surely one can take legal action against the rejection (appeal, etc...). A lawyer can certainly help with that. I've never heard of any "too close to the city outskirts" stories.
 

Alex85

2017-05-21 18:07:37
  • #4
Well, it could be an outdoor area and without agriculture or the like, it simply doesn't develop. What happened yesterday doesn't matter either.





Apparently someone was smart enough to have the right office in the family *duckandrun* SCNR But seriously, "he is allowed and I am not" is not an argument just because it "feels" unfair. There are decrees/decisions behind it that should be addressed. Get a lawyer and have it clarified.
 

Nordlys

2017-05-21 18:19:46
  • #5
It is probably not about being too close to the town boundary. It is about building in the outer area, which is actually handled restrictively to prevent the sprawl of the landscape. Also, municipalities are only allowed to create new building land in the outer area if all possibilities within the town have been exhausted. However, if I have not misunderstood, I see a special case here. The father already lives in front of the town sign, and the son now wants to build on the meadow next to it. So here a family is using its farmstead to live there themselves; it is not about marketing the 3500 sqm as, say, four building lots. The municipal council agrees, the responsible local administration too, so what is driving the district now simply smells like “We’ll show those people in Büttenwarder who’s boss.” Karsten
 

michi84

2017-05-21 18:33:49
  • #6


We already live inside the town, the distance to the town sign (town exit) is about 100 to 150m.
So NOT before the town sign!
I probably explained it a bit poorly.
 

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