Gravel mining: Now Hohenbrunn also wants to sue
Created: 06/30/2022, 12:20 p.m
By: Stefan Weinzierl
In front of around 50 citizens, the head of the town hall, Mindy Konwitschny, explained what options for action there are for the municipality with regard to the gravel pit.
© Stefan Weinzierl
The neighboring municipality of Hohenbrunn is now also getting involved in the controversial issue of gravel mining on the Muna site in Höhenkirchen-Siegertsbrunn and is considering a lawsuit.
Höhenkirchen-Siegertsbrunn/Hohenbrunn
- The residents directly affected by gravel mining on the Muna site want to take legal action against the project.
This was announced by the married couple Karin and Hanns Christian Luibl, whose stonemason's business and house are located next to the planned access road to the gravel pit, at the municipality's public information event on the gravel pit project.
"We will do what has to be done legally," said Karin Luibl.
Her husband called on the entrepreneur who wants to quarry gravel there, as well as those responsible in the community and district office, to ensure better protection for residents from noise and dust.
Specifically, he asked for a wall and a glass wall along the entrance to the pit.
"We're not willing to foot the bill for it," he said.
"We will fight back."
Neighbor fears truck traffic
The neighboring municipality of Hohenbrunn may also want to defend itself with a lawsuit.
"We will deal with the issue," said Hohenbrunn Mayor Stefan Straßmair (CSU).
If the urban development contract between the entrepreneur and the municipality of Höhenkirchen-Siegertsbrunn is actually concluded, his community will bear the brunt of the truck traffic.
Because in the contract, the entrepreneur undertakes not to drive through the middle of Höhenkirchen-Siegertsbrunn with his gravel and rubble transports.
The only way left is via Luitpoldstraße or directly through Hohenbrunn.
The limitation of driving movements and operating times promised by the entrepreneur is only small consolation.
Straßmair: "Gravel entrepreneurs are not among those who I trust to do the cleanest bookkeeping."
There should be digging: local resident Hanns Christian Luibl points to the field that is to become a gravel pit.
© Stefan Weinzierl
The Hohenbrunn town hall boss therefore appealed to his colleague Mindy Konwitschny (SPD) and the municipal council of Höhenkirchen-Siegertsbrunn to designate concentration areas for gravel mining in the village - and thus to prevent the gravel pit on the Muna site for the time being.
But with this option, according to Konwitschny, there is a risk that significantly more applications for gravel mining will be sent to the town hall.
Based on previous experience in other places, she assumes that the community will ultimately have to designate around 30 hectares of land suitable for gravel extraction.
In this specific case, it is a mining area of only 4.9 hectares (intervention area 5.4 hectares).
It's in the town planning contract
The municipality's negotiations with the entrepreneur, who wants to mine gravel on a field on the Muna site, have ended, as Mayor Mindy Konwitschny announced at the information event for citizens
.
"The contract has been negotiated but is not yet valid
," she said.
It only becomes valid after a corresponding decision by the municipal council.
According to Konwitschny's statements, the entrepreneur has undertaken in the contract
to refrain from mining gravel on a property near the Leonhardikirche
.
With regard to the pit on the Muna site, he had promised to maintain the footpath and cycle path on Schnepfenluckenweg.
The contract also stipulates a
limit of 216 vehicle movements per week
.
Operating hours are also limited.
Work should be done there from Monday to Friday from 6:30 a.m. to 6:30 p.m. and on Saturdays until 12 noon.
According to the contract, entry and exit traffic may not take place via the through road.
The
privacy walls are to be greened
and the southern wall is to be three meters high.
According to Konwitschny, there will only be a squeezing system in mobile form - and it may only work ten days a year.
In addition, the entrepreneur has promised to
use noise-reduced machines and trucks
that are planned to be dust-proof.
The access road to the pit is to be asphalted so that not so much dust is whirled up.
A wheel washing system and a dust cannon are also used to combat the dust.
The contract also
contains requirements for compatible backfilling
.
The municipality is also granted monitoring options.
Preventive planning jeopardizes contract
Konwitschny warned that if concentration areas were designated and the entrepreneur's plans were thwarted, the urban development contract would be null and void, as would the agreement to rule out a gravel pit on a field on Egmatinger Straße near the Leonhardikirche for all future.
The mayor predicts that the same will apply if the municipality tries to prevent gravel extraction by means of a development plan or takes legal action against a possible approval of the application for gravel extraction by the district office.
Especially since a lawsuit cannot stop the gravel mining anyway.
According to Konwitschny, this step has no suspensive effect.
And after consulting with a lawyer, she assesses the chances of success in court as low.
The only alternative left is
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Opponents worry about water and real estate
The Kiesgruben opponents among the audience of only around 50 people in the multi-purpose hall vented their anger at the development.
They fear contamination of the drinking water, the loss of value of the company and residential buildings near the gravel pit and traffic problems due to the planned access road.
There is enough gravel in the region, and rubble can now be largely recycled, they argued, accusing the community of wanting to see the project through.
Konwitschny did not want to let this accusation sit on him.
"None of the municipal councils, including the municipal administration, want the gravel mining," she clarified and assured that the municipal council would not decide lightly: "We are all in the same boat."
