Jod AG versus city: Judges meet on June 2nd in Tölz

Created: 05/22/2022, 08:00

The Tölzer foyer has only rarely been used for years.

Jod AG would like to build apartments in it, the city imagines event gastronomy.

The court has not yet made a judgment on the future of the Alpamare site.

© cs

On June 2nd, the Bavarian Administrative Court will come to Tölz.

During two on-site visits, the judges look at both the lobby and the Alpamare area.

Bad Tölz – This date has long been awaited by Jod AG and the city alike, so that the standstill in the development of the most important areas in the Tölz bathing area finally comes to an end.

On Thursday, June 2nd, the Bavarian Administrative Court, i.e. the highest administrative court in Bavaria, will come to Bad Tölz to hear Jod AG's norm control lawsuits against the city of Bad Tölz.

Legal norms are checked with norm control procedures, in this case development plans.

VGH Senate looks at the foyer and the Alpamare area

Remarkable: The First VGH Senate, chaired by Gertraud Beck and consisting of three judges, will visit both the lobby with wrap-around and the Alpamare area during two (non-public) on-site visits.

At the subsequent oral hearing, VGH spokesman Andreas Spiegel says, only the areas north of Ludwigstrasse (Wandelhallen complex) will be negotiated.

Spiegel left it open why this is so.

The court has not yet made a judgment on the future of the Alpamare area

Why is?

On the one hand, Jodquellen AG, with its board member Anton Hoefter, is opposed to the 100 percent tourist use of the Alpamare area with hotel use for the "Jodquellenhof", as stipulated in the development plan.

This is not negotiated in this first step of the procedure.

The following is checked: is the development plan for the foyer area legal?

With the norm control suit, however, it should also be checked whether the development plan for the foyer area is legal.

In May 2021, the city sharpened its urban planning again.

Jod AG can imagine apartments in the listed foyer.

The city imagines event gastronomy in the foyer

For the city, on the other hand, the building is "highly attractive" with regard to the establishment of a conference and event facility with its own gastronomy.

The town hall bases this judgment on an expert opinion from the Treugast management consultancy.

It also emphasizes the synergy potential with the municipal facilities (spa, vitality center, Kneipp garden) and the numerous parking spaces available.

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According to Treugast, the uses described certainly paid off.

The latter finding must be seen against the background that the court will examine whether the city has also carefully weighed the economic interests of the owner.

The city has submitted a monument preservation report on the existence of the Herderpark, which ascribes a high quality to the previously very well-tended park.

Hotel or residences?

The VGH's hearing is about the areas north of Ludwigstrasse.

So probably also around the Jod-AG property west of Seppstraße, for which Jod AG submitted building applications for three residential buildings in October 2021.

The city administration and the city council, on the other hand, still want a hotel there that would fit in perfectly with the event area of ​​the foyer.

In principle, as stipulated in the development plan, the charm and urban characteristics of the unique foyer with Herderpark should be retained.

Other types of use from the tourism and health sector such as spas, conferences or art events are also conceivable.

Info on the negotiation:

The court will meet in public on June 2 at 10.45 a.m. in the town hall's courtroom after the closed on-site hearings.

By Christopher Schnitzer