Urgent application should stop the café in the monastery
Created: 2022-10-27 08:08
Coffee © dpa / Patrick Pleul
In the dispute over the planned café in the Spielberg monastery, the neighbor who is suing the project has now submitted an urgent application to the court.
For the time being, however, the renovation continues.
Oberschweinbach – As reported, a day café with seminar rooms is to be built in the former stables of the Spielberg monastery.
The district office had granted the building permit.
In the spring, a local resident filed a lawsuit against the project with the Bavarian administrative court.
The neighbor fears being exposed to increased noise pollution.
Now Mayor Norbert Riepl (CSU/DG) reported in the municipal council that the residents had submitted an urgent application to the court.
An urgent application is usually intended to bring about a quick decision from a court.
In this case, it could be a question of stopping the ongoing renovation work until a verdict has been reached.
Because dismantling work is currently underway.
In addition, an electrical company operates on the monastery grounds.
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The emergency application came as a surprise to the community, but it does not mean that work on the monastery grounds must be stopped immediately: "Until the court has decided in the urgent procedure, the building permit can be used," says the district office.
A decision on the urgent application is expected in three to four weeks.
If a decision is made in favor of the defendant, there is a good chance that the actual lawsuit will also be dismissed - and the municipality will be allowed to continue with the construction project.
The district authority – it is the defendant because it approved the building application – had already filed a statement of defense with the court some time ago.
The internal department for immission control was involved.
Conclusion of the district office: You do not share the concerns of the residents.
Compliance with the relevant noise protection guidelines should be ensured, for which conditions have been set.
Franz Neheider (CSU/DG) asked the municipal council whether the municipality could file a claim for damages against the neighbors.
Riepl: "If we or the district office suffer damage, you have to think about something like that." After all, the tender has been stopped for the time being, the main work has not yet been awarded.
An extension until November 2023 was received for the state grants (around two million euros).
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You can find more current news from the district of Fürstenfeldbruck at Merkur.de/Fürstenfeldbruck.