What does a classic greenhouse have to look like that actually excludes additional use?
The market town of Dießen, Landratsamt Landsberg and the courts have been dealing with this question for years.
It is about the buildings of a horticulturist on St. Martin-in-Häder.
On Thursday there was another court hearing on site.
Dießen
- In 2014, the horticultural entrepreneur Frank Pohlkötter built a stately greenhouse with a view of the lake on his property in St.-Martin-in-Häder. The authorities want to have this eliminated, which Pohlkötter is currently suing in the administrative court. Presiding judge Johann Oswald and assessor inspected the greenhouse in pouring rain from the basement to the attic. It was also about a development that deviated from the building permit. The building on the south side was erected 75 centimeters higher than permitted. The district office had rejected the subsequently submitted architecture application. According to Pohlkötter, the dismantling would cost around 200,000 euros.
The judge found the sanitary and kitchen connections in the attic to be strange. Representatives of the Department of Agriculture pointed out to the court that it was not a “classic, usually simply built greenhouse”. Above all, it is unusual that it does not have a glass roof.
Leopold Thum, the plaintiff's lawyer, defended the construction by stating that the building would also be used for sales. However, fruit tree cultivation is very possible thanks to ventilation and lighting systems. Judge Oswald, on the other hand, was unable to identify any horticultural operation of vines for fruit growing in spite of planters in and behind the greenhouse. He even doubted whether it was even possible to speak of an economic enterprise. Thum tried to hand the cup to the market town, which had blocked development opportunities by blocking changes. Local attorney Dr. Gerhard Spieß, however, felt the plant tubs that were set up as "a staging of the plaintiff that is difficult to bear".The administrative court addressed another conflict with the altitude and even decided to dismantle the entire greenhouse. So the lawsuit could become an own goal. The verdict is pending.
Dieter Roettig
