New decision on advertising board in Rott: the court has no concerns

Created: 08/22/2022, 08:00

By: Manuela Schmid

During an on-site visit at the Stadel in Rott, it became clear: the court judged the situation differently than the district office.

However, if the advertising system is to be erected, the company must submit a new application.

© Manuela Schmid

New round in terms of advertising in Rott: After a company failed with its building application to attach an advertising system to a barn near the Edeka market, it went to the administrative court.

This has now determined that some facts need to be reassessed.

Rott - The matter has been dragging on in Rott for three years - and it has not yet been finally clarified before the administrative court.

In fact, everything starts all over again, because the Landsberg district office has to make a new decision on the building application for an advertising panel.

As a reminder: In 2018, the Schwarz company from Constance submitted the planning application for the construction of an advertising system on the barn, which belongs to a citizen of Rott.

The barn is south of the Edeka market next to the state road at the northern entrance to Rott (coming from Ludenhausen).

In 2019, the Landsberg District Office rejected the building application.

The reasons for the refusal were, on the one hand, safety aspects and, on the other hand, concerns about monument protection due to the immediate proximity to the picturesque Ottilien chapel.

Road safety is not endangered, according to the on-site visit

As far as road safety is concerned, the State Building Authority in Weilheim had objections: The State Building Authority saw a risk to road traffic, since drivers could easily be distracted by advertising at the entrance to the village, where people often drive into the village quickly.

However, as a representative of the building authority noted in the oral hearing on site in Rott, this statement was made at a time when the traffic sign was still 50 meters further inside the village.

Before the oral hearing, the judges of the Munich Administrative Court personally inspected the entrance to Rott and also assessed the area around the barn.

And finally came to the conclusion that neither road safety aspects nor the proximity to the chapel spoke against erecting the billboard.

In both points, the judges did not share the arguments of the district office, which had rejected the project.

The area south of the barn is a residential area in which no billboards are actually allowed

However, the judges came to a different conclusion during the on-site visit: the area south of the barn is actually a general residential area and not a mixed-use area, as assumed in the previous proceedings.

Therefore, the Schwarz company would first have to apply for a special permit for their advertising system, because advertising systems are normally not permitted in a general residential area: Only so-called “non-disturbing” systems may be set up there, it was said.

The judges justified the fact that there was a general residential area with the fact that there were no commercial enterprises and no active agricultural enterprises in the area south of the barn.

"I don't see a single business here," said the presiding judge, Johann Oswald, during the site inspection.

Administrative Court has discontinued the proceedings

The administrative court has now discontinued the proceedings.

But that only ends the court proceedings: Because the district office has to make a completely new decision on the building application as soon as the application for a special permit from the Schwarz company has been submitted.

The previous decision of rejection by the District Office is revoked.

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The new facts, which have now been determined by the administrative court, must now be taken into account in the further building application process.

So it may be a while before the matter is finally decided: the cards are now being reshuffled, so to speak.

And here you will find the whole history, because the dispute over the advertising system in Rott goes back many years and has already occupied the court.

The issue of oversized billboards also concerns other communities in the Weilheim-Schongau district, and it often ends up in court

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