Garden shed has to go: the court confirms the municipality

Created: 05/01/2022 13:38

By: Robert Langer

Court date at the garden shed.

© LAN

The garden house has to go, just as the community of Vaterstetten had already demanded from the owners.

They defended themselves legally against the order of removal.

The trial before the administrative court, including an inspection and a public hearing on site, now took place.

Vaterstetten

- The court confirmed the position of the municipality.

The owners withdrew their lawsuit.

Judge Cornelia Dürig-Friedl said to the plaintiffs that they could now donate the garden house for a children's playground.

Municipality fears precedent

"Tatort" is the new housing estate in the north of Vaterstetten.

The plaintiffs live there with their small children in a terraced house.

In the front yard they have built a garden house, 4.30 meters long and two meters wide, including a window.

These are "not peanuts," the judge said.

A covered play area is included.

The problem: according to the town hall, the development plan prohibits this in the front yard.

The respective parts of the building area should be homogeneous, according to the position of the town hall.

The municipality also fears a precedent.

Plaintiff: No place for toys

However, the owners pointed out that they needed this space to store toys or bicycles.

The underground car park is too far away.

There is not enough space in the garden adjoining the terrace.

Advice of the judge

The plaintiffs also pointed out that garden sheds and covered shelters, for example for bicycles, had also been built in the vicinity.

These were inspected on sight.

Judge Dürig-Friedl explained that these were much smaller.

And: You should also consider not making friends by pointing out neighbors who also violated the development plan.

Now the garden house has to be dismantled at this point.

Otherwise there is a risk of fines.