Landscape protection areas: district council must make a new decision

Created: 05/14/2022, 18:02

Worth protecting: the landscape around Miesbach, here Agatharied.

In order to maintain the protection, the district council must now make a new decision.

© Thomas Plettenberg

Because the original map is missing, it is unclear whether the large landscape protection areas in the Miesbach district would stand up in court.

The district council should now secure this – for the second time.

District – At its meeting on Wednesday, July 6th, the Miesbach District Council will once again have to deal with the landscape protection areas in the district and – more or less – renew a decision made three years earlier.

As reported, the committee wanted to ensure the existence of the protected areas after legal doubts arose.

But just the crucial passage was missing in the protocol.

Only seven participants in the meeting can remember the decision in detail

As the district office is now reporting, the so-called “proof to the contrary” has not been successful.

Of the 65 meeting participants who were written to, only seven stated that they could remember the decision in detail.

In general, only 19 respondents gave more details.

Although it is not the number that matters, but rather the content, the district administration came to the conclusion that it was not sufficiently clear that the decision had been taken and that only the minutes were incorrect.

Hence the new attempt in the next district council meeting.

District council will decide on the map that has already been adapted

The body is presented with already revised area boundaries.

As reported, in the old map these run partly across built-up areas.

For example, the site in Neuhaus, on which a large hotel project (Vitalresort) is planned (we reported), is no longer preserved in the new version.

The application by the municipality of Schliersee for removal is therefore no longer valid.

In any case, if the majority of the district council follows the proposal of the administration.

Resolution comparable to a block on changes

This proposal provides for the temporary securing of the six large protected areas in the district.

"This would ensure the status quo of the landscape protection areas for two (with an option to extend to four) years, comparable to a block on changes in building law," says the press release from the district office.

Various prohibitions apply in landscape protection areas.

If the district office had rejected a building application because of the protection status, the applicant might have been successful in a lawsuit.

A judge had just pointed out this uncertainty to the authority in 2019.

New regulation may include a ban on fireworks in the Tegernsee Valley

The decision of the district council should also include repealing the previous landscape protection area regulations and instructing the administration to draw up new ones.

The district administration sees this approach as an opportunity to eliminate legal uncertainties in the current regulations and to take into account current developments such as the desire to ban fireworks in the Tegernsee Valley.