Modification ban for the Wörthseeufer on Seefelder Flur

Created: 06/30/2022, 17:08

By: Laura Forster, Hanna von Prittwitz

The properties at the Wörthsee are popular everywhere.

On the Seefeld municipal area, but also on the Wörthseer Flur, as shown here in the photo.

© serge scolding

The municipality of Seefeld has divided the "Wörthseeufer" development plan into two new plans.

This step was necessary because the Bavarian administrative court could deem the plan, which applies to a large number of popular and sought-after properties on the lake, legally ineffective.

Hechendorf - It's about so-called prime properties with a direct view of Lake Wörthsee along Wörthseestraße, which are very popular and well traded.

The "Wörthseeufer" development plan, which the municipality of Seefeld drew up in 1998 and which has been in force since May 2000, has so far ensured that the residential and weekend houses generally do not assume exorbitant proportions and fit into the environment.

The northern area is an exception - several plots of land there were removed from the development plan.

"No one knows why," says Mayor Klaus Kögel.

In any case, there are several very large villas.

This could now become a problem.

Because the Bavarian administrative court could consider the applicable development plan to be ineffective.

This in turn is ensured by a legal dispute between a resident,

located within the scope of the development plan, and the building authorities.

He is said to have carried out excavations and expanded his construction space.

A neighbor reported him.

This resulted in a legal dispute, which in turn revealed weaknesses in the development plan with regard to the wall heights.

"The wall heights may not be inferred from the determinations," says Kögel.

In the worst case, the court could now “let fly” the development plan as a whole, as Kögel puts it, i.e. overturn it.

"The wall heights may not be inferred from the determinations," says Kögel.

In the worst case, the court could now “let fly” the development plan as a whole, as Kögel puts it, i.e. overturn it.

"The wall heights may not be inferred from the determinations," says Kögel.

In the worst case, the court could now “let fly” the development plan as a whole, as Kögel puts it, i.e. overturn it.

The municipal council approves two new development plans for the banks of the Wörthsee

Should this be the case, the approximately 90 plots of land could be developed in accordance with paragraph 34 of the Building Code.

This paragraph only requires that construction projects must fit into the immediate environment in terms of type, size and construction.

In the vast majority of cases, of course, the largest reference point is sought for this.

The large houses in the northern area are ideal.

In this case, the municipality expects a "significantly higher degree of structural compaction".

In order to prevent this, the municipal council decided at its most recent meeting to draw up two new development plans - part south and part north - for the Wörthsee shore, and to issue a ban on changes in each case.

The main goal of the development plans is to preserve, protect and, if possible, regenerate the sensitive lake shore area in its ecological and natural context, writes the administration in the meeting document.

"In order to take this main objective into account and to prevent the area from being overburdened by additional construction activity, only building areas that reflect the already approved building stock, are already provided for in the 'Wörthseeufer' development plan of 1998 or are identified as out of the question in the course of the preparation process should be designated reasons of legal certainty," it continues.

The final result of the administrative court is not expected until the end of July

The municipality does not envisage any further densification options in the decentralized and sensitive area of ​​the Wörthsee shore.

The “Wörthseeufer” development plan is still legally binding, as the administrative court has not yet passed a verdict.

A so-called on-site inspection appointment took place on June 9th, followed by a hearing on June 23rd.

For the time being without result, it seems.

"A decision by the court has not yet been made and is not expected before July 28," writes a press spokesman for the court at the request of Starnberger Merkur.

The community is now awaiting the decision.

If the development plan were to remain in place and the plaintiff reached an agreement with the authorities, the municipal council resolutions would no longer apply.

"But in the worst case we are able to act like this," says the mayor.