In the legal dispute about the construction of the Hotel Bergeblick in Bad Tölz, there is an initial decision by the Bavarian Administrative Court that may point the way ahead.
Bad Tölz
– Investor Johannes Tien can continue building his hotel on the Wackersbergerhöhe.
The Bavarian administrative court in Munich has rejected an emergency application from neighbors to stop construction.
This is confirmed by both the press office of the court and the Tölzer district office at the request of the Tölzer Kurier.
However, the actual procedure for the question of whether the building permit is legal is still pending.
Neighbors wanted to apply for a building freeze
Construction work on the Hotel Bergeblick on the outskirts of Bad Tölz has been underway since spring.
Up to 100 guests can find peace and relaxation here in idyllic surroundings, unusual architecture and a sophisticated spa area.
The property is relatively lonely on the Wackersbergerhöhe - only a few houses are in the vicinity.
The owners of one of these properties reportedly went to court against the building permit for the hotel.
The defendant is officially the Free State of Bavaria, represented by the district office.
In addition, the plaintiffs wanted to obtain a construction freeze in an urgent procedure.
Administrative court rejects construction freeze for hotel in Bad Tölz
In such cases, the court has to decide what is more important: the plaintiffs' interest in not being faced with a fait accompli that can hardly be undone;
or the right of the developer to use his property and to make use of an issued building permit.
The court also weighs up the prospects of success of a lawsuit for the time being.
In the Wackersbergerhöhe case, the court found in its decision, which is available to the Tölzer Kurier: The "considerable economic disadvantages that a construction freeze would mean" could not be justified.
Even if one assumes that the construction of the hotel would have unacceptable consequences for the neighbors, this can always be remedied later, it says.
No gastronomy for foreign guests in the "Bergeblick"
The plaintiffs see their rights curtailed above all by the possible noise development of the hotel and the traffic there, by exhaust gas and fine dust pollution from the heating system and by insufficient disposal of rainwater.
Overall, they argued that the hotel's operating concept, on which the building permit is based, was "too vague".
The court agrees with the original version of the building permit.
However, there is now a supplementary decision and a new facility description from April 2022, as can be read in the court order.
Court sees unreasonable noise pollution as unlikely
This update now contains a crucial clarification, namely "that there is no catering for foreign or day guests".
In an interview with the Tölzer Kurier, investor Tien explained at the beginning of the year that a planned roof bar (“Rooftop Bar”) should be open to all Tölzer residents.
That is now apparently off the table – it should remain reserved for hotel guests.
In addition, the court determined, it can be concluded from designations such as "Sundowner Lounge", "Kaminzimmer" and "Seminarraum" that "no discotheque-like operation is permitted in these rooms".
Overall, from the court's point of view, it is "rather unlikely that the approved project will cause noise pollution that is unacceptable for the applicant".
The actual extent of the possible noise emissions will probably only become apparent during actual use.
If the worst comes to the worst, it can be assumed that the problem can be “solved in a way that is tolerable” for the neighbors.
The court describes it as "far-off" that an intended heating system emanates from an unreasonable level of exhaust gas or fine dust pollution.
According to the site plan, the distance between this system and the plaintiff's house is around 120 meters.
In addition, the investor has "a high level of self-interest" that the system does not bother its own hotel guests.
Hotel investor can continue building on the Wackersbergerhöhe
And the court assumes that the disposal of rainwater can also be solved "in a way that avoids unacceptable consequences for the applicant" - especially since there is still a twelve meter wide undeveloped plot of land between the hotel property and the plaintiff's property.
Against this background, the court comes to the conclusion that the investor's interest in "being able to continue to make use of the building permit for the time being" outweighs "the private interest of the applicant in ordering the suspensive effect of the lawsuit".
Hotel opening in Bad Tölz planned for spring 2023
In other words: the construction work continues – until the actual main proceedings at the investor's own risk.
Tien calls the current decision in the urgent procedure "an important sign to investors that the work of the district office can be relied on".
According to the Wackersberger, master builder work on the second basement is currently ongoing.
According to Tien, the wooden structure up to the third floor should be built in the autumn.
The hotel opening is still planned for spring 2023.
By the way: Everything from the region is now also available in our regular Bad Tölz newsletter.