Which zoning plan is correct?

Good evening. We have a problem:

We have been owners of a terraced middle house for 13 years. There are a total of 4 houses that were all separated and have no common building burden. Now we actually intend to build a conservatory. Unfortunately, we were informed that this is not possible because the floor area ratio is exceeded. There is a development plan for our street stating that it is a structured village area with a floor area ratio of 0.6. This plan is from 1984.

peine01.de/de-wAssets/docs/mediadaten_stadt/eigene_daten/Hochbau/Bauleitpläne-Stadtplanung/Abgeschlossene/011_Voehrum/011_Plaene_Voehrum_2/011_B_Plan_15.pdf

However, there is also a simplified amendment from 1987 which only states WA without anything about the floor area ratio or FAR.

peine01.de/de-wAssets/docs/mediadaten_stadt/eigene_daten/Hochbau/Bauleitpläne-Stadtplanung/Abgeschlossene/011_Voehrum/011_Plaene_Voehrum_2/011_B_Plan_15_1.vereinfachte_Aend.pdf

Does anyone know how this is to be understood? Does the floor area ratio no longer count now? We would be very happy if someone could help us. Thank you very much

I would assume that the development plan from 1987 is valid because it replaced the one from 1984. If it does not contain any information regarding the floor space index/plot ratio, I would consider the specifications from the current land use ordinance (Baunutzungsverordnung) as valid, which set a floor space index/plot ratio of 0.4/1.2 for a WA. For you, the floor space index is relevant if the conservatory is planned on the ground floor, or the plot ratio if it is to be built from the first upper floor upwards.

For the calculation of the floor space index/plot ratio, the date of the development plan is decisive, as different versions of the land use ordinance also have different calculation methods for these utilization figures. For a development plan from 1987, the land use ordinance from 1977 applies, with the calculation of the plot ratio according to the sketch in the attachment.

To be absolutely sure, you should consult the local building authority or an architect in terms of building advice. If necessary, the conservatory may also require a building permit.

This information is not legal advice.

The latest development plan always applies.

The latest development plan always applies.

That is correct. Within the scope of the 1st amendment, the provisions of the original plan no longer apply.

Does the floor area ratio no longer apply now?

Since the scope of the 1st amendment only includes a street area and the adjacent parking strip, all provisions of the 1984 plan remain in effect outside this area, including the floor area ratio.