Preliminary building approval positive, building application criticized position

Yes, quite absurd. The development plan has no legal binding effect for exactly as long until it is adopted and signed by all 125 decision-makers... then it becomes legally binding and you can build according to the development plan. Whatever you inquire about beforehand... it is null and void.

Yes, quite absurd. The development plan has no legal binding effect for exactly as long until it is adopted and signed by all 125 decision-makers... then it becomes legally binding and you can build according to the development plan. Whatever you request beforehand... it is null and void.

Of course, you can also submit a preliminary building inquiry in a §34 area while the preparation of a development plan is pending. Not least because there are development plans that are contested for years.

Of course, you can also submit a preliminary building inquiry in a §34 area while the preparation of a development plan is pending. Not least because there are development plans that have been contested for years.

And what ultimately holds up in court? The preliminary inquiry or the development plan?

And what ultimately holds up in court? The preliminary inquiry or the development plan?

Even in court, the development plan must still be treated as if it does not exist before it is legally binding (or was, when the building application was submitted). The legal situation on the day of the date stamp counts. So even in court, the TE cannot claim approval with the argument that it would later become valid as applied for. At best, they can rely on having acted based on a notice in the preliminary decision. In my opinion, it is not successfully claimable to enforce the development plan before it is legally effective. The court may well suggest that the authority grant the approval. But not retroactively, rather so that a neighbor could still file a complaint against it. Not without reason, I considered and still consider the most favorable way is that the authority be convinced to grant a dispensation regarding compliance with the desired condition. A legitimized third party could also file a complaint against this within a deadline. The situation is tricky: if a condition is created by an approval within the framework of a dispensation that allows the TE to implement their construction project as applied for, and then the plan never becomes valid as adopted, then an isolated exception would arise - and that is precisely what the instruments of §34 and the development plan agree is their purpose to prevent ;-)

Here, further back in the area, construction has also taken place #8 and #10. You can already see that on the small excerpt from the development plan. With the unapproved development plan, there is no point arguing at all. As mentioned, an aerial photo with a larger surrounding area helps here.

If you consider the rear building line and the front one, you are also well within the building plot with the 34.



In my opinion, you can still go north with the 34. Unfortunately, you do not answer the question about the trees.