Fight with unequal weapons

Bad Tölz - Two construction projects in Tölz have sparked a lot of discussion not only in the city council: two developers want to build apartment buildings with ten units (Ketteler-Ring) and 25 units (Schützenstraße).

And against the will of the city, but with the support of the district office, which has replaced or wants to replace the communal agreement.

That ensured clear words in the city council.

The district building authority was described as "an accomplice to the real estate industry", which is driving up land prices.

Ketteler-Ring put on hold for the time being

There is one major difference.

In the case of Ketteler-Ring, the city does not want to bow to the vote of the district authority and draws up a development plan.

With a change ban imposed at the same time, the sharpest weapon of a municipality under building law, the project has been put on hold for the time being despite the district office.

Why didn't the city resort to the development plan on Schützenstrasse next to the Evangelical Church?

There, the developer, who acquired the area from Anton Hoefter, has meanwhile cut down heavily, although the city rejected the building application in January.

Vacant lot - yes or no?

When asked, Mayor Ingo Mehner only wanted to answer questions in writing because of the ongoing legal disputes with Hoefter.

Accordingly, the two construction projects are not comparable.

At Ketteler-Ring, it is all about the degree of structural use and the area of ​​land that can be built over;

Points that, in the opinion of the city building authority, can be regulated in a development plan.

In the case of the Schützenstrasse construction project, however, the question of whether it was a vacant lot had been disputed.

The city says no, the district building authority affirms this.

Establishing a development plan here in order to exclude structural use is "inadmissible" as negative planning, answers town hall spokeswoman Birte Otterbach for the mayor and building authority.

The town hall was not to be blamed for a failure.

With this answer, however, it remains to be seen whether at least a significantly smaller development could have been implemented with a development plan.

No legal reference case

In retrospect, by the way, you cannot draw a development plan over the Schützenstrasse site.

As the city announces, one would have had to file a suit against the preliminary ruling.

Interestingly enough, those responsible now suddenly recognize an "ultimately understandable argumentation by the district office", since the vacant lot was a "borderline case".

It used to sound different.

Incidentally, with similar constellations, is there a legal reference case if the city acts with a development plan in one case and not in the other?

“No,” says the city.

"From a legal point of view, there are no reference cases for development plans."