Hubertusweg: Change ban decided

Created: 09/29/2022, 20:09

By: Petra Schafflik

On the narrow Hubertusweg, three apartment buildings are too many for the municipal council.

Because the district office announced the approval of the project, a development plan is now being drawn up and a ban on changes has been decided.

© schafflik

In the special session last Tuesday, the Petershausen municipal councils now dealt with issues that "are not so easy", as Mayor Marcel Fath (FW) emphasized at the beginning.

One of them is not new and also drives the local residents.

Petershausen – A look at the seats in the school auditorium, where numerous listeners followed the session with interest, showed that the topics are interesting.

Because again it was about a building application for a complex of three apartment buildings on Hubertusweg.

A project that the responsible building and environmental committee had already clearly rejected in 2020 and again for a revised version in February 2022.

But now the district office has announced that it will replace the municipal agreement as the building permit authority.

No one from the district authority had contacted the community in advance, "it happened behind our backs," the mayor complains.

The municipality now sees a need for action and wants to exercise its constitutional right to plan.

Therefore, a development plan is drawn up for the area.

In order to prevent projects from being implemented there during the planning period on the basis of the applicable building law, a ban on changes will be issued.

Moderate densification is the goal

The objectives of the development plan should be to stipulate the structural use as a general residential area, to regulate the extent of the structural use in the sense of a moderate densification, to determine permissible residential units and to make regulations on traffic.

Because nothing has changed in the view of the administration and municipal council on the previously planned development on Hubertusweg.

The project with 22 (in the second plan version 20) apartments in three buildings arranged in a U-shape does not fit into the surroundings, which are dominated by single-family and semi-detached houses.

It is agreed that the building adjacent to the east of Hubertusweg, in which the active school and day-care center are located, does not characterize the area due to its special use.

Another sticking point of the difficult property is the traffic development in the narrow Hubertusweg, which does not allow oncoming traffic.

Lagerhausstraße, which borders the site on the other side, is a dead end and should be retained as a safe connection for cyclists and pedestrians to the train station.

Finally, there is also no concept of how rainwater on the site is to be insured for the planned development with three buildings including an underground car park.

All reasons for which the municipal councils have now refused to agree for a third time.

And they were irritated that the district office wanted to replace the municipal agreement.

Traffic development critical

With other difficult projects, the district office has always pushed for a land use plan, says Fath.

And the traffic development had also seen the police inspection critically, reminded Wolfgang Stadler (SPD).

"Now there's supposedly nothing more to say against it." Fath also thinks this change in assessment is "incomprehensible" because things are already getting tight in the narrow Hubertusweg.

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Bernhard Franke (SPD) asked whether the municipality could not take legal action as an alternative to the building management procedure and blocking of changes.

Gerhard Weber (CSU) would also “feel better” going to court.

But with that, the municipality “hands over the design,” according to the mayor.

Lawyer Michael Beisser from the Munich law firm Döring Spieß, who is legally advising the community here, could only advise against it.

"The court proceedings take a long time, meanwhile the building is standing."

Finally, the municipal councils unanimously decided on the development plan and blocking changes.

As a first step, City Hall boss Fath will seek talks with all owners.