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Wall height has lost nothing in the design statute

2022-12-06T16:39:59.778Z


Wall height has lost nothing in the design statute Created: 06/12/2022, 17:25 High up: Schliersee only allows walls over 6.35 meters high, like here on the Schatzelweg, on hillside properties. In a future version of the design statute, the community will probably have to do without a maximum wall height. © Thomas Plettenberg Schliersee also has to change its design statutes because of defeats i


Wall height has lost nothing in the design statute

Created: 06/12/2022, 17:25

High up: Schliersee only allows walls over 6.35 meters high, like here on the Schatzelweg, on hillside properties.

In a future version of the design statute, the community will probably have to do without a maximum wall height.

© Thomas Plettenberg

Schliersee also has to change its design statutes because of defeats in court.

Among other things, the setting of a wall height must probably be omitted.

Schliersee – There was hardly any concealed mocking connotation when a plaintiff's attorney before the administrative court recently outlined the wording of the Schliersee design statute as "popular".

The man could afford the mockery, since it was already clear that the proceedings concerning a building on Breitenbachstrasse (we reported) would turn out in favor of his client.

At that time it was about off-centre ridges, but there is also an urgent need for some touch-up work in other sections.

At the same court hearing, the judge let it be known, for example, that a passage such as "property must not be crumpled" is not very effective, and the Schliersee town hall also knows that "crumpling" is a so-called indefinite legal term on the basis of which no decision ( such as: "Now clean up, please") can be created.

The community also pointed this out to Anna-Maria Martin from the Planning Association for the Outer Economic Area.

The municipality had commissioned him to take a critical look at the statutes.

No decisions can be justified with vague legal terms

On request, Birgit Kienast, Head of the Building Authority, names two other examples that Martin criticized.

The design statute should apply to the entire municipal area.

Difficult, Schliersee had already learned that from the advertising system statute (we reported).

A good justification is required as to why the set of rules for Spitzingsee, Neuhaus and Schliersee itself should apply equally to hillside locations and properties by the lake.

And the wall height also tweaks.

Schliersee wants to allow a maximum of 6.35 meters for two-storey buildings.

Martin's attitude according to Kienast's information: "The extent of structural use has no place in a design statute."

The district office replaces the municipal agreement

Heinz Blees recently described this as "uncomfortable" in the building committee, whose meetings he attends as an advisory architect.

Mayor Franz Schnitzenbaumer (CSU) had previously reported on the status of the revision of the design statute.

As a reminder: In autumn 2019, the building committee had already dealt with an amended version, then Corona came and nothing more happened.

Except that the statutes did not stand up to legal scrutiny at one time or another.

Incidentally, also in terms of wall height.

The district office replaced the municipal no in a house on Breitenbachstraße (Westenhofen district) because a neighboring house is higher than 6.35 meters.

The importance of the surrounding development (Section 34) also became clear in other court proceedings.

Expert to speak in the municipal council

However, according to Kienast, doing without a design statute is not the best way to go.

After all, it allows the community a degree of influence, and fortunately very few builders are also litigants, but are usually quite open-minded.

Martin is scheduled to present her findings to the local council in January.

At the same time, the parliamentary groups were given the draft of a new statute to discuss.

Then another blur will probably be removed.

Paragraph 5 says: "Art and decorative plaster with striking plaster structures are not permitted." In the absence of a hyphen after the term "art", one could read that, for example, air painting is forbidden.

Source: merkur

All news articles on 2022-12-06

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