In the dispute over the planned demolition of the listed amplifier office in Kochel, the community is confident of victory.
The reason is a statement from the Constitutional Court.
Kochel am See
- According to the Bavarian Constitutional Court, the popular lawsuit against the planned demolition of the amplifier office in Kochel has “no prospect of success” in legal terms.
While the community is already confident of victory, the initiators of the lawsuit do not want to give up yet.
With a petition to the Bavarian state parliament, the Weilheim architect Heiko Folkerts managed to get the amplifier office from the 1920s included in the list of monuments - but the Kochler municipal council had already approved the development plan for the area at this point.
This plan calls for the demolition of the building.
In its place, the municipality would like to build 21 apartments in municipal housing, a new building yard, club rooms and rooms to accommodate the homeless.
Kochel's mayor feels that his legal opinion on the amplifier office has been confirmed
Folkerts withdrew a second petition to the state parliament against the demolition permit issued by the district office because of the low chances of success.
After this defeat at the political level, this can now also be expected from a legal point of view, said Mayor Thomas Holz (CSU) in the recent municipal council meeting on the assessment of the constitutional court regarding the popular lawsuit that Folkerts had filed in early June.
Their aim is to have the development plan declared null and void.
"Our legal opinion is confirmed across the board here, too," commented Holz on the letter from the court, in which Folkert's claim "has no prospect of success".
Folkerts tried to torpedo the community's plans by all means, said Holz.
"It's annoying how much time and money these useless cross-shots have cost so far."
Johann Resenberger saw it too.
“We have been dealing with the building yard issue for at least 15 years,” emphasized the CSU council.
The planned new building should "serve the general interest and the common good".
He was upset when an individual could simply file a popular lawsuit "without anything" and - if it were successful - would simply destroy the community's plans.
Monument protection at the amplifier office negotiated with "trickery"?
Heiko Folkerts, meanwhile, does not want to give up.
An appraisal has been commissioned and will definitely take a position, he said when asked by the Tölzer Kurier and emphasized the outstanding role of the amplifier office as a monument.
For him, it is fundamentally about clarifying the status of monument protection in Bavaria.
Or whether a community with “trickery” and “political influence” could easily undo this.
Here, as Folkerts criticizes, a community should actually stick to monument protection as a model.
The municipality of Kochel, however, is “desecrating monuments”.
Folkerts criticizes that when the municipality passed the development plan, it was aware that the amplifier office was an “outstanding” monument that had just not been entered in the list of monuments.
According to Folkerts, the district office's demolition order “came about illegally”.
He pays off for the popular lawsuit after we have chances.
Reporting in the media also created a certain amount of pressure.
"We sure have a chance."
He could not say when there will be a decision from the judiciary.
The architect reckons on several months.
Folkerts does not believe that the community is demolishing the amplifier office.
That would be an affront - also against the court.