Parking regulations and development plan are not uniform - what applies?

Hello everyone,

In the development plan (from 2015) for our property in Bavaria it says


2 parking spaces
In the parking space statute of our municipality from 2020 it now says



There you find 3 parking spaces.
The lady at the building authority didn’t have a definitive answer at the moment but will follow up.
Because we are interested, the question to the group: Does the development plan override the parking space statute?

Best regards

Patalmtt

Since we are interested, the question to the group: Does the development plan override the parking space ordinance?

As a rule, the development plan overrides the ordinance.

However: Both regulations do not compete with each other, but operate alongside each other, the parking space ordinance as a building regulatory instrument according to the state building code and the development plan as an urban planning instrument according to the Building Code. In case of doubt, it depends on the exact wording.

As a rule, the development plan takes precedence over the statute.

However: Both regulations do not compete with each other but operate alongside each other, the parking space statute as a building regulations instrument according to the state building code and the development plan as an urban planning instrument according to the Federal Building Code. In case of doubt, it depends on the very precise formulations.

Thank you. I love the streamlined building legislation.

Let's wait for the municipality.

The lady at the building authority didn't have a definitive answer either, but she will follow up.

And the result of this follow-up will apply to you. Objecting to it would probably be more expensive than a parking space (and it's not about a larger delta here anyway). From my point of view, there is no contradiction here at all: the statute probably does not contain a clause "unless a development plan requires less." Likewise, the development plan probably does not contain an opposing clause "contrary municipal regulations are hereby waived." It is also trivial to explain based on proportionality not to have subjected the 2015 development plan to an amendment procedure just to remove this provision, simply because in 2020 a regulation with a larger spatial scope was established. So assume that you have to create the third parking space. If the parking space statute does not also require that this must be independently usable, then at least it can be a trapped parking space. But I suspect you are only asking this for fun anyway, as the fate of the construction project will probably not be decided by this.

Then also quote the relevant [Anlage].

Thank you. I love the streamlined building legislation. Let’s wait for the municipality.

Resolution; land-use plan overrides statute