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Ministry ends construction drama

2022-12-08T12:04:30.375Z


Ministry ends construction drama Created: 2022-12-08 12:58 p.m By: Sandra Sedlmaier A construction site since the summer of 2019: the former Café Rosengarten in Berg. After the intervention in the roof truss, practically nothing has happened on the construction site. Photo: Andrea Jaksch © Andrea Jaksch A house without a roof has forfeited its grandfathering: the district office no longer shar


Ministry ends construction drama

Created: 2022-12-08 12:58 p.m

By: Sandra Sedlmaier

A construction site since the summer of 2019: the former Café Rosengarten in Berg.

After the intervention in the roof truss, practically nothing has happened on the construction site.

Photo: Andrea Jaksch © Andrea Jaksch

A house without a roof has forfeited its grandfathering: the district office no longer shares this legal view of the Berger building authority – after a court hearing and consultation with the building ministry.

An end is therefore in sight for the construction site at the former Café Rosengarten in Assenhausen.

Assenhausen

– The Assenhausen construction drama is coming to an end.

Probably another winter - it will be the fourth - the former Café Rosengarten has hardly a roof and is exposed to the elements.

In the new year, the owners will finally be able to start - thanks to the Bavarian administrative court, the district office and the Bavarian Ministry of Construction.

The Berger town hall fears a precedent.

Until the court hearing at the beginning of this year, the district office and building authority of the municipality of Berg agreed on the assessment of the construction site on Dürrbergstrasse in Assenhausen.

The builders had started work on the roof structure without permission.

According to the building authorities at district and municipal level, the original building permit was no longer valid.

Simply submitting a new building application and getting it approved was not possible because the building, dating from 1924, did not comply with the distances to the neighbors and the required parking spaces are not available.

Municipality and district office refused the approval.

The builders went to court and did not receive a verdict from the Bavarian Administrative Court, but a clear trend.

It was that the house had not been touched in its entirety and that the basement, ground floor and first floor were sufficient to ensure the continued existence.

The court said nothing about the problem of the distance areas, nor about the lack of parking spaces (we reported).

It advised the builders to submit a new planning application.

They did - but the Berger municipal council stuck to its position in July that an intervention in the roof would forfeit the building permit.

Now the building application was again before the Berger municipal council, with a note from the district office that it would replace the municipal agreement that had not been granted.

It was clear to the local councilors that it was completely irrelevant how they voted, whether for or against the planning application.

"The district office bows to the recommendation of the court," said Mayor Rupert Steigenberger.

The district building authority does not dare to maintain its original position "and has reinsured itself with the ministry," said the mayor, who saw the fear of damages as the driving force behind the attitude of the district office and the ministry.

"We stand by our position," he affirmed.

"We don't want a precedent." Because at least the question of the lack of parking spaces has not been clarified.

Nevertheless, the municipality will not sue, the mayor announced.

A development plan could be drawn up, but if there were fewer building permits, the municipality would be liable for damages.

Both Steigenberger and the municipal councils saw themselves in a dilemma.

"It is a formative building," said Heinz Rothenfusser (Greens).

They don't really want to tear it down, "and we don't want a ruined building either."

Andreas Hlavaty (CSU) basically shared the legal opinion of the town hall, but pointed out: "Basically, we would get back what was there before." Harald Kalinke (QUH) complained that the issue of parking spaces was also settled with the granting of the building permit: "We can't ask for anything."

The builders were punished financially enough, stated Steigenberger.

"They already have damage, the construction costs are galloping, and they have to redo the roof structure."

In view of the lack of relevance of the resolution and the hope that the issue would be off the table, the municipal council voted 10:8 to grant the building permit.

Source: merkur

All news articles on 2022-12-08

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