The Au market wanted to prevent a new building due to fear of flooding. The lawsuit failed. Now the construction site is actually under water.
Au / Hallertau - "Land underneath Bergmannstrasse": With this heading and an insistent press release, Mayor Karl Ecker cleared his anger about a construction project on Monday. He makes serious allegations against the Freising district office - this in turn points to the legal situation and assesses the situation much less dramatically.
In July 2018, the district authority approved the construction of an apartment building on Bergmannstrasse. Because of concerns about flooding in the market, the request was denied. However, the district office replaced this and pointed out that the property was neither “in a fixed nor in a temporarily secured flood area”.
Experts and the water management office see no major problems
"However, since the property can actually be affected by flooding," as District Administrator Spokesman Robert Stangl admits, "the lower building inspectorate asked the developer for a 2D calculation in the event of a hundred-year flood". The report had shown that 105 cubic meters of retention space had been lost through the planned house. Stangl: "For this reason, the requirement was imposed that the lost storage space should be restored by digging on the neighboring property." The authority is currently not aware of whether the excavations have already been carried out, it said on Monday evening. "After completion of the construction work, however, this is checked as part of the supervision."
As the spokesman explains, the Munich Water Management Office also came to the conclusion in the proceedings that the building "should not be expected to have any significant adverse effects on flood retention and the occurrence of runoff". Stangl: "For this reason there were no legal reasons for the district office to refuse the building permit."
The market community complains - and loses
A serious mistake from Ecker's point of view: "Although the current rainy events can in no way speak of a hundred-year flood, our fears have unfortunately been confirmed," he wrote in his open letter - and included photos of the construction site. It shows how the building is surrounded by brown water. Ecker emphasized that the garages had already been washed up in the early hours of Monday and the future parking spaces had been completely flooded.
© Markt Au
After approval, the Au market had appealed. But the lawsuit was dismissed by the Bavarian administrative court. In the district office, Robert Stangl explains why: After an on-site visit, the court ruled "that the approved project caused neither legally relevant hazards from flooding for its residents nor for the neighborhood". This was also due to the fact that arrangements had been made according to the approved plans. Stangl: "On the one hand, the entrance to the house was raised, and on the other hand - as can be seen in the photos - living rooms and cellars are not affected." The basement on the slope floor is protected from the ingress of water by structural measures. Living spaces are not planned on the slope floor.
"Inheritance child inherited by decision of the highest judge"
According to Karl Ecker, the Au market now wants to appeal, the application is pending. "Regardless of the incomprehensible decisions of the district office and the judiciary, the owners who bought there are now the victims of the situation," complains Ecker. And the market also "inherited another" problem child "with a decision by the highest judge".
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