Legal hurdles of the hotel project "Bergeblick" in Tölz ended - opening 2023

Created: 2022-10-15 07:32

Nothing now stands in the way of the “Bergeblick” hotel project on the Wackersberger Höhe.

Construction work is currently underway there.

© Karl Bock

Bad Tölz – Nothing stands in the way of the “Bergeblick” hotel project on the Wackersbergerhöhe.

After the administrative court rejected the emergency application for the building freeze, the residents' complaint was withdrawn.

The companies can continue to work as before, the hotel with three lodges is scheduled to open in spring 2023.

Corresponding information was given at the most recent city council meeting by the head of the building department, Christian Fürstberger, and client Tien.

The Tien couple, who live in Wackersberg, had to overcome a number of hurdles for the project on the proverbially green meadow above Bad Tölz, south of the former Forsthaus café and the hiking car park.

First, the Tölz city council had to be persuaded, the Green faction demanded an urban development contract to regulate the details of the "Bergeblick" project.

Among other things, it stipulated how many rooms may be built, how long they may be rented together with the three individual lodges, and a binding construction schedule had to be submitted.

Plaintiffs fear significant noise pollution and exhaust and fine dust pollution from the "Bergeblick" hotel

The actual building permit from the Tölz district office was issued on September 27, 2021. This prompted the neighbors living to the south, a married couple, to file a lawsuit against the project with around 100 beds.

In their opinion, considerable noise pollution is to be expected: The plaintiffs fear exhaust gas and fine dust pollution from the heating system and are disturbed by the catering for day guests - which, however, is not intended.

The court was also unable to recognize the feared fine dust pollution from the heating, especially since the plaintiff's residential building is 120 meters away and the investor has "a high level of self-interest" that the system "does not bother its own hotel guests".

The lawsuit costs investor Johannes Tien time, resources and a lot of money

The lawsuit against the building permit granted by the district office in 2021 had “no suspensive effect”, said the head of the building department, Christian Fürstberger, at the most recent meeting of the Tölz city council.

Therefore, the plaintiffs had submitted an urgent application for a construction freeze.

The court rejected this, and the lawsuit has now been withdrawn by the plaintiffs, which Tien regards as "very strange" in a press release.

In addition to 18 months of development time, the lawsuits would have cost "another six months in time and resources, a lot of money, excitement, consideration of concerns and meetings".

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As far as the noise is concerned, Fürstberger referred to the corresponding report.

Since the property is located outside, the strict standards of a purely residential area do not apply there, but rather those of a mixed-use area.

Investor Tien had therefore had a mound of earth built up to the south anyway.

The administrative court did not even touch on the question of whether the traffic caused by guests was disturbing, "that is completely irrelevant".

There is also no evidence of fine dust pollution - at a distance of around 120 meters from the hotel.

And the disposal of rainwater was also classified as unproblematic.

The court found that the client's concept was sufficient for this, said Fürstberger: "And if there are small inconsistencies, they can be eliminated in the course of construction."

Hotel project on the Wackersbergerhöhe is scheduled for completion in spring 2023

All of this shows "that we didn't make any mistakes," the head of the building authority continued.

The norm control lawsuit was dropped in mid-September, which is good news for investor Tien, who hopes to complete its timber-framed hotel by spring 2023.

"Of course it is the right of the two neighbors to sue," stresses Tien in his written statement.

But pleadings had been written that had offered nothing new in terms of content.

He therefore classifies the complaint of the neighboring couple in cooperation with a nearby farmer as "more than verbal abuse".

"Even a lawyer should have recognized this from a realistic point of view," Tien is convinced.