In the dispute over a 40-year-old Hag, a resident of Westerhofstrasse, representatives of the Miesbach district office and entrepreneur Andreas Greither met in court.
It became clear that there is more to it than just the Hague.
Administrative court negotiated in Tegernsee.
It was about a Hag near the Westerhof Hotel.
District office wants to prohibit felling.
Judge addresses the disputes surrounding the planned hotel construction.
Tegernsee -
After the situation on site had been inspected, all those involved as well as the court crowd of the 19th Chamber of the Administrative Court in Munich, responsible for nature and landscape protection, met in the assembly room of the town hall for an oral hearing.
This is what it was about: As early as July 2019, the Munich Higher Regional Court had sentenced the entrepreneur and hotelier Andreas Greither in a civil law suit, among other things, to remove plants over two meters high on a part of the property for which easements are registered.
However, the Miesbach District Office issued an order in which - under threat of fines of more than 5000 euros per tree removed - the removal and trimming of bushes and trees was prohibited.
A resident of Westerhofstrasse has now sued against this decision.
In the past he had registered easements with Greither, in other words: Greither would have to trim the approximately 200-meter-long Hag, which was made up of 150 trees, but that never happened.
Probably in the course of the construction plans for the new Westerhof and the development plan procedure, the resident is now insisting on his rights.
The fact that the district authority, as an extended arm of the Free State, justified its order with the Nature Conservation Act turned out to be a mistake.
The authority should have argued with the landscape protection area ordinance, so the presiding judge Martina Scherl.
Nevertheless, “nothing is lost” for the district office, because a cut back in the landscape protection area is subject to approval by the district office anyway.
"And that is a difficult hurdle," as the judge said.
Florian Busl, head of the nature conservation department in the district office, had already made it clear that cutting back to two meters was the wrong approach here.
"The trees would not survive that."
The plaintiff was therefore right as regards his part provided with easements.
For the time being, however, there will be no felling action because it requires approval from the district office.
“Actually a superfluous story,” commented Greither, who was only invited, on the complex issue afterwards.
He has other things in focus, namely the construction of his health hotel with 134 rooms, 50 staff rooms, chalets and a wellness area on the terraced slope.
The hotel has been approved, the development plan is legally binding.
But there are still appeals against the building project.
The current one was one of the skirmishes on the sidelines.
Dispute over hotel construction: Judge recommends a mediator
"Have you ever considered reaching an agreement before the judge?" Asked the judge in the direction of the plaintiff and the summoned.
According to Greither, a mediator has already been consulted several times, “But that doesn't make sense.” Greither is convinced that everything will go its way with the hotel construction, he won't let that dissuade him.
On the contrary: soon he will have Olaf-Gulbransson-Strasse, the only access to the hotel, upgraded.
He has to create alternative points in two places.
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