The Lüneburg Higher Administrative Court had to weigh up the interests of recreational athletes and nature conservation on the Steinhuder Meer.
In the future, balloonists will be allowed to fly a little lower in part of the nature reserve.
The interests of sailors, however, were not upheld.
Lüneburg - balloonists will be allowed to fly lower over parts of the Steinhuder Meer in the future. The Lüneburg Higher Administrative Court has partially granted the requests from organizers of balloon rides to fly over the water. In its judgment, the 4th Senate considered the flight ban to be ineffective for the part of the nature reserve that is not also a European bird sanctuary, insofar as it applies to the airspace above an altitude of 150 meters above the ground or water (Ref .: 4 KN 292/16).
As a result, this means that when flying over the area, a minimum altitude of 150 meters applies in around half of the area and a minimum altitude of 600 meters in the other areas. The “Dead Sea” ordinance refers to an area of 3,179 hectares, which includes areas on the Steinhuder Meer as well as water areas in the east-northeast area. This corresponds to about ten percent of the total water surface.
About half of the area protected by the regulation is also a European protected area according to the so-called bird protection directive of the European Union.
The Senate finally considered the flight ban to be ineffective insofar as it had also been extended to a zone 500 meters wide outside the nature reserve.
The OVG allowed the appeal to the Federal Administrative Court on the validity of the flight ban within the nature reserve.
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In two further norm control
proceedings
,
a sailing club was concerned with the ban on sailing on the water surface
(AZ: 4 KN 190/17
,
4 KN 174/17
).
A member of the association and owner of land in the nature reserve also questioned the legality of the general ordinance.
The general ban on forestry and restrictions on peat extraction were also a thorn in his side.
Both procedures were unsuccessful.
The OVG argued that the expansion of the protected water area was necessary to protect waterfowl, which are susceptible to disturbance and which can be found all year round on the eastern shore of the Steinhuder Meer and the upstream shallow water areas and sandbanks.
A complaint against the non-admission of the appeal can be lodged within one month of the delivery of the judgment.
dpa
