Building permits cannot be granted with a magic wand: District architect Christain Boiger rejected a building request in Bernloh with clear words.
Not the first - and possibly not the last: The Warngau municipal council will soon go into retreat for the Warngau districts.
Warngau
- Obtaining building rights in Bernloh is a really tough nut to crack. The Warngau municipal council has already bitten its teeth on it several times. But the desire for new buildings there is not without a certain stubbornness: A property owner has now submitted an application for building rights. This time nothing will come of it, district architect Christian Boiger made it more than clear in person on Tuesday in the local council. Meanwhile, the committee wants to sound out how the villages should develop.
The local council has already got a bloody nose on the property in question in Bernloh.
In 2017, the committee had to withdraw a resolution that had been made illegally - by the majority and contrary to the intervention of Mayor Klaus Thurnhuber (FWG) and the administration - after attempting to close a supposed "vacant lot" by expanding the outdoor area statutes.
The resolutions of the municipal council violated the building code, judged the higher authorities.
Hope for building rights on green Wieser is dashed
The owner, who had bought the agricultural meadow for expensive money in the hope that it could be made ready for construction, now dared a new approach: he applied for a development plan to be drawn up. Town hall chief Klaus Thurnhuber (FWG) had invited district builder Christian Boiger to ensure clarity in the local council.
Boiger did so in no uncertain terms.
The existing outdoor area statute defines Bernloh quite nominally as - as the name suggests - outdoor area.
"As a rule, there is a construction ban" - apart from privileged construction projects, for example for agricultural operations, conversions or conversions, as far as Section 35 of the Building Code allows this.
However, a development plan is an instrument for interior planning.
“In terms of planning law, Bernloh is not a district that establishes an interior area - and therefore also not a development plan,” explained Boiger.
"You can't take the wand and say the outside is now inside," said Boiger.
A development plan simply lacks the legal basis.
District architect: Bernloh lacks the "urban weight"
The municipal council could not create this through resolutions either: "Bernloh lacks urban weight." This could arise if Bernloh were to grow by 15 or 20 houses - but this is in turn opposed by the regional plan, which limits major structural developments to the main locations . Even with a lot of goodwill, Boiger saw no chance: “We can't interpret building law 180 degrees differently.” Everything just doesn't work. "It is just not legally possible," stated Thurnhuber.
Not all councilors liked the information.
Engelfried Beilhack (CSU) was disappointed: “I was of the opinion that the district builder can tell me how to do it.
Your predecessor already told us how it doesn't work, ”he said to Boiger.
"Everything says we have to build, and when the time comes, it won't work." Adolf Schwarzer (CSU) was not happy with the title "Splittersiedlung" for Bernloh: "This is a lively village."
The dissatisfaction was also expressed in the vote.
In spite of Boiger's information, five councilors approved the motion; the majority of nine rejected it.
Municipal council advises on the development of the districts during the retreat
The local council wants to deal with the future development of all districts soon: In November, the committee will go into retreat in Thierhaupten, explains Thurnhuber when asked. A moderated process with professional support. The municipal council has so far shown itself inclined to moderate development of the villages. “I don't want the small towns to die out and the big towns to grow so that you can no longer see them,” said Vice Mayor Leonhard Obermüller (CSU) on Tuesday.
In the case of Bernloh, Boiger had already hinted: "You have to honestly say that the development of such small hamlets - and Warngau has a lot of them - is not desirable in terms of urban planning." The infrastructure is also growing, says Thurnhuber.
"We have to think about it: can we do that as a municipality?"
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