Building permits cannot be identified with a magic wand, said district architect Christian Boiger recently in the Warngau zu Bernloh council.
Now he is being criticized: Some statements are factually incorrect, complained a lawyer in an open letter.
Bernloh
- apart from privileged projects, building requests in Bernloh cannot be fulfilled: District master builder Christian Boiger has made a clear announcement to the Warngau municipal council about the status of the designation of building land in the district. His remarks, however, run into headwinds: A lawyer from Gmund wrote an open letter to the district administration and to our newspaper. His accusation: The statements of the district builder contradict the legal situation and are "incomprehensible" for a district builder.
Lawyer Professor Walter Beck from Gmund is particularly disturbed by a statement by Boiger at the October meeting of the Warngau municipal council.
As reported, the district master builder explained why a plot of land in Bernloh that is outside the existing outdoor area statutes cannot be made ready for building by means of a development plan, as the owner of the agricultural meadow had applied for.
A development plan, as Boiger said several times, is “an instrument for interior planning”.
Bernloh is meanwhile defined as an outdoor area by statute.
And that should not be shaken: "In terms of building planning law, Bernloh is not a district that establishes an interior area - and therefore also no development plan," Boiger had stated.
Statements "incomprehensible for a district builder"
The lawyer, who has lectured in building law and is listed as a lecturer on the homepage of the Ludwig Maximilians University in Munich, counters this in his open letter: "These statements clearly contradict the legal situation."
The claim that a development plan is an instrument for interior planning is wrong.
The purpose of a zoning plan is precisely to create new building permits - even in areas where there has not yet been any.
According to the legal system, the binding development plan is based on the preparatory land use plan.
"The claim that Bernloh is not a district that establishes an interior area and does not justify a development plan is factually incorrectly justified," Beck states.
What Beck agrees with the district builder: A change in the land use plan is likely to reach its limits in the higher-level regional planning.
District office justifies Boiger's remarks
When asked by our newspaper, the district office justifies Boiger's statements: "The district builder should explain the factual and legal situation to the local councils in such a way that the normal council can understand them," replied the press office. The open letter is based on “upscale legal commentary literature” - “not very effective” for a lecture in the local council. For this, the district builder apparently accepted conceptual imprecision: With the statement that the development plan is an “instrument of interior planning”, it is meant that a development plan can only be issued either above or in direct connection with suitable settlement units. Even if the terms "suitable settlement unit" in this sense and "interior area" in the sense of Section 34 of the Building Code are "not to be regarded as completely synonymous",so they coincided "in fact in the vast majority of cases".
The authority confirms Boiger's statement: "Ultimately, everything revolves around the question of whether Bernloh can be seen as an outdoor area, where, as is well known, there is actually no building law per se except for certain privileges." - but only if this corresponds to the goals of the zoning plan. In Bernloh - not further defined in the municipality's zoning plan - said connection is missing. "A change in the land use plan would, however, contradict the objectives of the regional planning or the state development plan, which aims to avoid urban sprawl," said District Office spokeswoman Sophie Stadler. The possibility of a development plan presented in abstract in the open letter is therefore not even given in Bernloh.
You will receive a selection of all relevant news and stories in our free newsletter regularly and directly by email. Register here for Tegernsee, here for Miesbach and here for Holzkirchen.
ag