Which is to be weighted higher: living space or forest?
Two houses are to be built on the outskirts of the Schweinthal district.
However, the building site is outside.
The city would therefore have to draw up a development plan - a concession that led to a fundamental discussion in the Miesbach city council.
Miesbach
- living space is getting more and more expensive.
So it's good if you have a plot of land to build on.
In the case of the two inquiries that provide for two single-family houses and two garages on the outskirts of Schweinthal on Lichtenauer Strasse, this is not so easy to implement.
The problem: The property behind the fire station is outside, has no agricultural privileges and is also in the forest.
Nevertheless, building is legally possible there, especially since both families would be willing to take out local security.
The city council now had to decide whether and how building permits should be created.
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The biggest obstacle is not so much the location in the landscape protection area, but rather the one in the protective forest.
Because while the Lower Nature Conservation Authority at the District Office does not expect any negative effects on the surrounding protected area and there are no biotopes there, the Forest Department at the Office for Food, Agriculture and Forests (AELF) makes several reasons for refusal clear.
AELF rejects clearing for residential development
The specialist authority refers to problems with buildings close to the forest - here even from three sides - sees the approach as a danger to life and health and further complains that the forest that defines the landscape is being torn down.
Result of the test: The clearing permit would have to be refused.
However, the district office also sets a hurdle: According to the Lower Nature Conservation Authority, an overriding public interest must be proven.
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Opinions in the initially responsible building committee were divided.
At the on-site meeting in July 2020, the point had been postponed and now in May 2021 the city council recommended with 5: 3 votes to draw up an inclusion statute.
But that was already overtaken by the city council meeting.
Because due to a change in the building code that has taken place in the meantime - here Paragraph 13b was activated again - it was possible to set up development plans for residential purposes in the outdoor area.
Change in the building code
This applies to a floor area of up to 10,000 square meters and to areas that adjoin areas that are built up in context.
Then the list can be made using a simplified procedure without an environmental assessment or eco-compensation.
Another prerequisite is an exemption from the landscape protection area on the part of the district administration, which has already been promised here.
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The controversial discussion continued in the city council.
“Residential development is always necessary”, stated Manfred Burger (Greens), “but not here.
You have to stretch a lot in order to find public interest in two private projects. ”Markus Seemüller (FWG) spoke out against this with a view to the need for living space in favor of building, even though he had to admit“ that we are not part of the parliamentary group are in agreement ”.
"Building close to the forest brings problems"
Michael Lechner spoke up as the opposite pole within the Free Voters.
The ex-chairman of the forest owners' association Holzkirchen and plant officer of the city made no secret of his lack of understanding: "The AELF has clearly shown that it is not possible to clear forests for development." The statement is clear, and problems are "so close to." Forest preprogrammed ".
With the exception of the recycling center, Miesbach has never “sacrificed the forest”.
There is also the question of how to proceed with similar inquiries in the future.
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An attitude that Christian Mittermaier (CSU) could not understand: “I am 31 years old myself and know the question: How can I stay in Miesbach? It has to be a matter close to the heart of the city to make something possible for its young citizens. ”And Erhard Pohl (CSU) smugly said to Lechner:“ If a farmer harvests wood, he can fell it. But when it comes to building, it suddenly becomes valuable forest. ”Paul Fertl, Inge Jooss (both SPD) and Second Mayor Astrid Güldner (Greens) tried, on the other hand, as a compromise to refer the builders to other places on their property.
With 15: 7 votes, the resolution was passed and the process started.
“Ultimately, it is a question of weighing up,” said Lutz Breitwieser, head of the building authority, with a view to the development plan procedure.
And that will indeed be exciting.
Because the AELF is also involved in the process.
ddy