City of Bad Tölz against Jodquellen AG: Development plan for the foyer area "ineffective"

Created: 06/08/2022, 17:33

The former Alpamare car park at the foyer is now overgrown.

© Bock

Bad Tölz – The city of Bad Tölz has suffered a defeat in the legal dispute with Jodquellen AG over the future use of the area around the foyer in the bathing area when it came to the development plan drawn up by the city.

At the same time, the Bavarian Administrative Court determined during its recent site inspection that it is an outdoor area.

This means that the city and Jod AG now have to find a way together to further develop the central areas in the bathing area.

Otherwise there is still a standstill.

The negotiation between the city and Jod AG was not the first legal dispute.

As is well known, after the closure of the Hotel Jodquellenhof and the Alpamare leisure center a few years ago, Jod-AG boss Anton Hoefter primarily wanted to build apartments on his central areas in the bathing area.

South of the fun pool on Schützenstraße, construction is currently underway on a former Jod-AG property that has been sold to an external investor.

One-year ban on changes

But the joint-stock company also has large areas north of the Ludwigstrasse pedestrian zone, such as the huge Herderpark, the former Alpamare car park to the west of the foyer and another brownfield site on Seppstrasse.

Hoefter has developed a use for this and also submitted corresponding preliminary decision applications to the city, which responded with a one-year ban on changes.

She is of the opinion that apartments should not be built there, but hotels and restaurants, which, according to an expert opinion, would promote the desired tourism in the bathing area.

Jod AG filed a specific complaint against the urban development plan of January 2018, which led to negotiations in Bad Tölz.

The First Senate, chaired by judge Simone Widmann, inspected the entire site and came to the conclusion that the development plan was "ineffective".

First of all, this is a defeat for the city, which has meanwhile launched a new, more detailed development plan.

At the same time, however, the Senate determined that the areas under discussion around the foyer are an "outdoor area", which means that construction cannot and must not take place there without the consent of the city.

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While Hoefter and his lawyer Nicole Moessner were happy in the town hall's boardroom to "have won the case" and offered to "work towards a sensible development of the bathing area in cooperation with the city", the judge made a face of herself when the judge read the verdict Building authority manager Christian Fürstberger has a grin on his face.

The court had classified the remaining areas, which are currently subject to a ban on changes by the city, as outdoor areas.

A handshake from the boardroom

"The result is absolutely gratifying," said Mayor Ingo Mehner, after all, if one does not like the plans of Jod AG, "nothing new can be created".

Mehner, who said goodbye to Hoefter and his lawyer together with Fürstberger with a handshake from the courtroom, but indicated that one did not want to prevent apartments, but "positive things should come about".

The city can make corresponding determinations through its planning sovereignty in a corresponding public procedure.

How quickly both parties will sit down and find a consensus is completely open after years of fruitless negotiations.

The court indicated that it wanted to complete another trial this fall.

It is about a lawsuit by Hoefter, who wants to build apartments on the former Alpamare site around the mostly empty bath buildings, which would not be in line with the desired tourist use.

It remains to be seen whether the opponents will approach each other to some extent by then.