What about the protection of the landscape after the Saurüsselalm judgment?
This uncertainty once again stalled the planning of the Vitalresort in Schliersee.
Schliersee
– There seems to be a curse on the planning for the major hotel project Vitalresort in Neuhaus.
Actually, the obstacle of landscape protection should be cleared with the session of the district council on Wednesday.
However, after the administrative court's ruling on the Saurüsselalm, the committee was unable to make the decision as planned, and as a result the municipality of Schliersee is currently hardly in a position to push ahead with the development plan process for the Vitalresort.
For the owner and project planner Wolf-Dieter Roetzer, this is once again an imponderable, especially in terms of timing.
Neighbors are threatened with legal action
It is a dilemma in which the municipality of Schliersee finds itself.
The municipal council could actually decide on the second round of interpretation for the Vitalresort.
Mayor Franz Schnitzenbaumer (CSU) is sure that then the reference to the landscape protection area will come.
After all, it was the lawyer for the project's neighbors who brought the problem up on the tableau in the first place.
A corresponding objection "we could not weigh away because it is a higher need for protection".
If the municipality tries to make the entire site ready for construction, it is foreseeable that the neighbors will file a norm control suit.
Years can pass before this is decided.
Not a good option
The district council should have changed the demarcation – but it didn't happen
A design without a landscape protection area is safer.
Now it gets more complicated.
The district office assumes that the protected areas - it is about the six large ones in the district - are passé at the moment since the reasoning for the judgment on the Saurüssellm is available.
Schnitzenbaumer is more cautious.
First, you have to take a close look at the reasoning behind the judgment;
he wants the non-existence of the protected areas to be in black and white.
The Saurüsselalm is located in the "Tegernsee & Surroundings" protected area, but the building ban imposed there - and objected to by the court - also applies to the "Schliersee and Surroundings" protected area with the planned vitality resort on the edge.
The district council should have changed the demarcation last week in one way or another, which did not happen now.
Consultations on the development plan planned for the end of July
Despite these uncertainties, Schnitzenbaumer would like the municipal council to discuss the development plan at the end of July.
It remains to be seen what decision the committee can then take.
As a layman, one could imagine that the plans will only be laid out once the non-existence of the protected areas has been officially determined.
But Schnitzenbaumer has his doubts as to whether the municipal council can make such a decision.
The mayor says he will get in touch with the district office and discuss ways in which the Vitalresort can continue.
Roetzer is planning an organic hotel (40 rooms/78 beds), a guest house (48/92), four natural wood chalets, each with three apartments around a pond, and a health center with four practices, a cooking school, seminar rooms and staff rooms on Stolzenbergstrasse in Neuhaus for about eight people.
The project planner has been struggling with ever new obstacles for years.
It seems almost grotesque that it was finally a protected area status, which initially did not exist, then did again, now depending on your point of view not again or will continue to do so.