The waste management company Fink is in trouble because it did not meet the requirements in the course of its expansion 13 years ago.
Dachau
- The waste disposal company Fink was allowed to massively expand its premises in the green corridor between Dachau and Karlsfeld 13 years ago - subject to conditions that were only loosely formulated in the contract.
Because Fink never met the requirements, the alliance for Dachau now called for a radical solution.
German building law can be tough.
For example, a family from the Ebersberg district had to demolish their garden shed because the building was outside - or on the wrong side of the street.
If the family had moved their house 20 meters away, it would have been okay.
Well, you can't necessarily compare a garden shed with a medium-sized company.
But Kai Kühnel, city councilor of the Alliance for Dachau, thinks that the building authority of the large district town should be happy to show a similar severity in the case of the waste management company Fink.
10,000 square meters, and that in the green corridor
In 2008, the Peter Fink Society for intelligent disposal mbH was allowed to massively expand its operations in the green corridor between Dachau and Karlsfeld.
The area, which was 35,000 square meters in size, grew by around 10,000 square meters for additional systems and operational buildings.
In return, the company boss at the time, Peter Fink, had promised the city council to create new “qualified jobs” and to build the company “closed like a castle wall” by means of a green privacy fence.
“Only the driveway remains open,” Fink had announced.
These announcements were recorded in a development plan that was unanimously approved by the building committee and a so-called implementation contract - in which no contractual penalties were explicitly set.
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The Fink company is located in the green corridor between Dachau and Karlsfeld.
The red area shows the 2008 enlargement.
© Mercury
The problem: “Basically,” according to the building authority, Fink has used his building rights since then. His contractually stipulated obligations with regard to greening the site, however, were not fulfilled. The granting of building rights, Kühnel complained at the latest meeting of the building committee, had been made palatable to the city council 13 years ago “with new jobs and huge trade tax. But both never happened ”! The only consequence could be that the city cancels the building rights granted at the time and decrees that the site be dismantled to its original state. Unlike the city, which "provided the company with" scarce and valuable space ", the Fink company failed to keep its promises" due to lack of profitability ". Especially since, according to Michael Eisenmann,a parliamentary group colleague from Kühnel, it is not just about the lack of fencing: Instead of building covered facilities, Fink would leave his dumpster “open”. In the green corridor! That upsets me! "
Building authority manager agrees with city councils
In the matter, the building authority manager Moritz Reinhold agreed with the alliance city councilors.
But: the city has no means in hand to enforce the treaty.
A building permit, once effectively granted, develops grandfathering as long as "the business basis for plan and statutes has not completely ceased to exist", according to the legal justification.
In other words: If Fink were to misuse the site, intervention would be possible, "then we will drop by with the construction inspection".
But as it is, Fink was and is a waste disposal company - just without the promised privacy screen and the announced buildings.
From the Fink company, which is now headed by Detlef Thom as managing director, no representative wanted to comment despite the request.
Ariane Jungwirth from the city building authority explains that the city has learned something from the matter.
At that time, the city "had another way of dealing with applicants", legal safeguards "just weren't made", they trusted each other.
But times, according to Jungwirth, have changed, "it's a continuous learning process".