A bang at the court date: the large protected areas are gone

Created: 06/18/2022, 07:00

Regulations invalid: The large landscape protection areas in the district of Miesbach do not exist.

Exception: the Croda Rossa area (bottom right).

© archive dak

Nobody wanted that, but it was announced: With the judgment on the Saurüssellm, the ordinances on landscape protection areas in the Miesbach district are invalid.

Miesbach – Bang in terms of landscape protection areas (LSG) in the district of Miesbach: The protection area regulations are invalid or become invalid at the moment when the Munich Administrative Court presents its judgment on the Saurüsselalm in writing.

The district office makes this clear on request.

Completely new: The problem is not only the missing original map of the six large protected areas (we reported).

As the Administrative Court pointed out, the ordinances of 1955 are invalid if they contain a ban on building in the entire protected area.

"This is no longer compatible with the law in force today," the district office announced.

Because the Association for the Protection of the Mountain World insisted on a verdict on Wednesday, this legal opinion is now available in black and white - "in all likelihood",

A nature conservation association, of all people, brings down protected areas

The spicy thing about it: A nature conservation association, of all people, has now brought down the big six landscape protection areas.

These are the protected areas "Egartenlandschaft around Miesbach", "Schliersee and surroundings", "Spitzingsee and surroundings", "Tegernsee and surroundings", "Oberstes Leitzachtal and surroundings near Bayrischzell" and "Weissachtal".

In addition, there are five smaller areas that were determined later and whose existence is currently not in question.

Plaintiff insists on judgment despite appropriate warnings

The district office is comparatively harsh with the association for the protection of the mountain world: All lawyers present and judge Cornelia Dürig-Friedl had "very clearly pointed out to the plaintiff that the LSG will become ineffective if the lawsuit is maintained, although it was already clear during the hearing became that the lawsuit will be futile".

Still insisting on a verdict.

The district office continues: "The association for the protection of the mountains has done nature conservation throughout the district a disservice to an extent that cannot yet be estimated." There are associations that only have legal powers if landscape protection areas exist - for example in the course of approval processes or just as a right to sue.

This makes it more difficult to prevent undesirable developments - also for the district office itself.

Club defends itself: "In an absurd way turned upside down"

Confronted with the allegations of the Miesbach authority, Lorenz Sanktjohanser, Vice Chairman of the association, says: "It turns things upside down in an absurd way." After all, it is the district office itself that has known since 2019 that the protected area regulations have shaky feet.

Even then there had been a corresponding judicial notice.

When attempting to secure the protected areas, the decisive passage was missing in the minutes of the district council decision.

Efforts to correct this also failed (we reported).

Sanktjohanser is of the opinion that the district office in Miesbach has created “excessively strict requirements” and could have gone to safer ground more easily.

Good advice is now expensive - new protective regulations may take years

The authority wanted to take the next step in July.

Then the district council should secure the landscape protection areas by resolution, a procedure comparable to the blocking of changes in building law.

That will probably no longer be possible after the judgment announced on Friday.

According to the authorities, a renewed determination of the maps, as in 2019, is certainly no longer an option.

"Now the district office must first legally examine how to proceed."

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It probably boils down to the fact that the protected area ordinances have to be set using completely new procedures, which can take years.

The district office would have revised the area scenery anyway – in order to incorporate bans on fireworks or drones, for example.

After all, what remains is the protected outdoor area

However, there is no reason to fear that the great construction frenzy will set in.

In addition to landscape protection, there are other hurdles in nature conservation laws.

Outside, for example, only privileged projects, such as agriculture or tourism, are permitted.