No mercy: luxury hut near Bad Wiessee has to be demolished – is the owner fighting back?
Created: 09/17/2022, 06:07
By: Gabi Werner
It stays the same: the luxury hut in the Wiesseer Bergwald should disappear.
The district office has now sent the removal notice to the owner.
He could now go to court.
Bad Wiessee
– There is no mercy in the case of the hut in the Wiesseer Bergwald, which has been converted into a weekend cottage: Even after hearing the owner, the Miesbach District Office is sticking to its claim that the building must be removed.
The authority sent a corresponding decision to those responsible this week.
Now the owner has two alternatives: demolition or going to the administrative court.
The private hut in the Wiesseer Bergwald has been furnished with a lot of comfort - here is a picture from the recent winter.
© Archive Thomas Plettenberg
Luxury chalet on Lake Tegernsee: Owners have two alternatives
"We stand by the legal opinion that the protection of the hut has expired," explains district office spokeswoman Sophie Stadler when asked.
It is not so much the individual changes to the private hut that prompted the authorities to open a building inspection procedure.
Rather, it is about the sum of the measures taken.
According to the argumentation of the building inspector, the conversion is practically equivalent to a new construction of the building on the outside.
Or even more clearly: "Here, a comparatively comfortable weekend cottage has emerged from a simple hut."
Luxury chalet in the mountain forest: the building contractor's arguments could not change the mind of the authorities
The most recent discussions with the owner or the users did not change the attitude of the authority.
"The contractor made use of his right and was heard extensively as part of the so-called disposal hearing," reports Stadler.
Ultimately, however, the arguments put forward did not result in the authority moving away from its legal opinion.
By the way: everything from the region is also available in our regular Tegernsee newsletter.
The hut users responsible for the conversion are of the opinion that the refurbishment is a process-free measure.
The two had also referred to an earlier inspection visit by employees of the Miesbach district office, during which nothing had been objected to.
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Will the hut owner now sue against the decision?
Whether the owner of the Winner Alm - the official name of the hut above the Breitenbachtal - will now challenge the decision in court remains to be seen.
Those responsible declined to comment on the matter.
However, the assumption is that the owner will appeal - after all, the hut was equipped with the current comfort at great expense.
Among other things, according to the district office, the previous entrance area was converted into a living space, the sleeping area in the attic was converted into a bedroom and an extension was built for the building services.
In addition, the hut now has a solar system and a spacious wooden terrace.
Appeals must be lodged within one month
According to the Munich Administrative Court, the lawsuit must be filed within one month of the notification of the removal decision.
After that, everything goes as usual.
However, the press office of the administrative court said it was not possible to give a general answer as to when a possible oral hearing would take place.
"Many different circumstances can be relevant in this context," it says.
For example, it could be decisive when the responsible chamber in the Miesbach district already has an inspection appointment and also "whether the routes and locations of the cases to be loaded are a good match, so that negotiations can be carried out as effectively as possible on this day," says the press office With.
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You can find more current news from the district of Miesbach and the Tegernsee region at Merkur.de/Tegernsee.
