Because of the risk of balls flying from the Piesenkam golf course onto the street, the course operator has now withdrawn the building application - after objections from the district road administration.
Piesenkam - Balls can fly from the Piesenkam golf course onto the MB 6 district road.
The relocation of runway 17 should reduce the risk.
But after objections from the district road administration, the site operator Karl Heinz Krutz withdrew the building application.
The danger remains.
As a “confidence-building measure”, Waakirchen's mayor, Norbert Kerkel, recognized the application for the redesign of railways 17 and 11 at the building committee meeting in April. Karl Heinz Krutz, as the operator of the golf course in Piesenkam, met the community with the wish to relocate the lanes near the district road MB 6 in such a way that no balls can fly in the direction of the road. The entrepreneur has put a lot of strain on their trust. As reported, when the square was opened in 2016, a pedestrian underpass should have connected the parts of the facility on both sides of the street. But Krutz wants to save himself the construction of the expensive tunnel.
The building committee of the municipal council recommended the application to the district office for approval.
But in the course of the procedure, the district road administration gave a negative rating.
With reference to the missing underpass, the experts called for an overall concept with sensible visitor guidance to improve traffic safety.
In response to this objection, Krutz withdrew his building application without further ado.
District Office: Application not hopeless - only rejection if it deteriorates further
This was done "on the recommendation of the district office", says the golf course operator. On the other hand, the district office made it clear when asked that the withdrawal of the building application had ended the ongoing approval process with no result. Despite the objection, the application was by no means hopeless. "A rejection of the requested individual measure could only have been made if it had made the existing situation even worse," explains a spokeswoman.
The fact is: everything stays as it was on the golf course. Krutz does not have to fear sanctions such as a closure of the square - this has already been demanded in the local council. The spokeswoman for the authorities says that the building authority has no legal means to oblige the builder to build the underpass. Other considerations to reduce the risk of accidents are the responsibility of the site operator: "The operator is obliged to make suggestions for improving the situation."
If an accident occurs because of a failed golf ball, the question of liability should not be uncomplicated according to the district office.
The operator and the player are responsible.
It is a question of civil law that needs to be examined on a case-by-case basis, says the spokeswoman: "We cannot reliably estimate how the liability-related causal contributions are divided between the operator and the player in such a case."
The community wants to take a closer look at future applications - separation of the places is on hold: "Nothing delivered"
How Krutz wants to solve the situation, he leaves open.
A meeting with representatives of the authorities is planned for September, which he does not want to anticipate, explains the golf course operator.
Mayor Kerkel was surprised by the withdrawal of the building application.
But the community lacks a handle to force action, he says.
As far as the investor's further wishes are concerned, the municipality will look very carefully.
Krutz has in mind the division of the total area into two independent golf courses.
At the end of March, he submitted a draft to the town hall showing the following: a nine-hole course on the side facing the Moar-Alm and an 18-hole course with a driving range and gastronomy on the neighboring side.
This plan has not yet been discussed in the Waakirchner municipal council.
Before dealing with it, Kerkel had given up on the investor, should Krutz prove that he had the necessary space.
He is still waiting for this proof, reports Kerkel: "So far, Mr. Krutz has not delivered anything."
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(jm)
