Place a single-family house beyond the building boundary like the neighbor (application wording)

Hello dear forum

Currently, we are planning a detached single-family house in the second row on the elongated plot. The plot is located within a legally binding development plan. The planning is being carried out by a general contractor; the planning office is not located in the federal state of the construction project. Accordingly, the planning department is being cautious. However, we want to position the house as optimally as possible towards the west orientation of the plot in order to preserve existing buildings and retain as much contiguous garden area as possible.

About 15 years ago, the neighbor was able to place his house approximately 1.5m beyond the building boundary line within the same development plan. The reasoning was that old existing buildings would otherwise prevent the construction of his single-family house. We would also obtain his exact justification from his building application.

According to the development plan, the building boundary requires a setback of 10m. We would build at 8.20m, analogous to the neighbor.

The question for you would be, how can I formulate a plausible justification for our building application? The equal treatment of the neighbor’s permit should also be mentioned here. We want to avoid risks of rejection or similar as much as possible when submitting the application documents. Unfortunately, in our area, architects are so busy that even small assignments for review/formulation are practically not possible (Leipzig area).

Attached is the drawing from the development plan. North of the neighbor. The blue line is the building boundary, the dotted line a vegetation boundary. The existing buildings are hatched. A small part of the existing buildings (outbuildings) we would demolish (marked with X).

About 15 years ago, the neighbor was able to place his house about 1.5m beyond the building boundary within the same development plan. The reasoning was that old existing buildings would otherwise prevent the construction of his single-family house.
We would also obtain the exact reasoning from his building application.

According to the development plan, the building boundary specifies a setback of 10m. We would build at 8.20m, analogous to the neighbor.

The question to you would be, how can I formulate a plausible justification for our building application as well? Here, the equal treatment of the neighbor’s approval should also be cited.
We want to minimize the risks of rejection or similar as much as possible when submitting the application documents.

This risk seems not to exist to me – at least with regard to this overstepping of the building boundary. Refer to the principle of discretion binding. Not only is the reasoning in the neighbor’s former application interesting, but also the wording of the exemption granted thereafter. “We kindly request to grant us the exemption from compliance with the building boundary in accordance with the principle of discretion binding, analogous to the approval to Mr. Neighbor dated DD.MM.YYYY. The similarity of the deviation to be approved is demonstrated in the attached drawing.”