Hillside in Baierbrunn should remain free of development - mayor does not prevail
Created: 12/15/2022, 11:15 am
By: Andrea Kästle
Many owners would like to build here, in the green area of the municipality of Baierbrunn, from the containers for the lunchtime care to the existing building on Hermann-Roth-Straße.
© Andrea Kästle
For the time being, there will be no development plan for the area on Hermann-Roth-Straße.
Most councilors opposed it.
Baierbrunn
– Again and again Mayor Patrick Ott (ÜWG) collides with the municipal council in Baierbrunn.
He has no problem admitting mistakes and will do so when in doubt.
Now, in the last meeting of the committee of this year, the majority of colleagues again refused to approve it and decided 9:7 against drawing up a development plan for the Hermann-Roth-Straße area.
The whole thing was negotiated under item 16 that evening, so it was somewhat late.
Somewhat late in the year, as many local councilors complained: the legal situation changes at the end of December.
Then it will no longer be so easy to implement what the community may want.
Those involved, however, were not impressed.
Area landscape protection area
Because: The area of Baierbrunn is not just any.
The area is a landscape conservation area, the community's green silverware, if you will.
However, the elementary school is located at the end of Hermann-Roth-Straße, in a particularly idyllic location.
On the edge of the slope, opposite the school, the municipality was allowed to set up containers for lunchtime care on private property.
There is also the school meadow where the children can play during the break.
What Ott wanted now: that the municipality would prepare the ground in terms of planning law so that the gap between lunchtime care and the existing building could be closed.
Which would have given the municipality the advantage that in return the school meadow would still be available and they might also get the necessary reason to be able to widen Hermann-Roth-Straße, some of which is very narrow.
An agreement in principle would be right for the mayor
At the meeting, the head of the town hall said several times that it was not about deciding on content right now.
The only important thing, he said, was to agree in principle on tackling land use planning at the location in the municipal area.
"Then we have a foot in the door", with the amendment of the building land mobilization law from January 1, it will then be "much more complicated", the lawyer working for the community, a building law expert, explained to him.
"You have the planning authority," said Patrik Kohlert, head of the building authority.
Everyone who went with the mayor, such as Christian Kaldenbach and Gisela Gojczyk (both ÜWG) and Nath Ravindra (FDP), argued similarly.
"We don't decide on anything yet", "we lose nothing if we agree", "we buy ourselves time", they said.
foot in the door?
"We don't want to"
But the majority of the committee didn't want to have a foot in the door.
On the one hand, probably because she was annoyed by Ott's procedure, which was not the first time that she was not transparent enough for her taste.
Peter Tilmann from the Greens: "I feel overwhelmed." Christine Kammermeier, SPD: "We are being put under pressure."
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At the same time, the issue was too sensitive for them to make a hasty decision.
Ursula Kuhn (Greens): The community lawyer is an expert in construction law: "I'm not surprised that he advises us to take this step." The new legal situation from January 1st could not scare the Greens and SPD anyway, on the contrary.
It means that environmental impact assessments are due sooner and more compensation areas have to be created.
"We won't suffer any damage," said Tilmann after the meeting.
Kammermeier also found the planned planning scope of 8,000 square meters too large.
Even if you don't exhaust it, something like that only creates covetousness, she said.
Owners could then sue to get their rights.
Conversations with landowners difficult
It will be interesting to see how things will continue.
As you can imagine, the people of Baierbrunn, who own land in the conservation area, have always been waiting for their property to become building land.
Talking to them in advance, as Ott had also indicated, had proved difficult.
Because some owners have ideas about building projects here in the green area of the community that are rather inappropriate.
Didn't expect this result
After the vote, Mayor Ott noticed that he had not expected the result.
He had explained to the committee several times that he had only received a recommendation for further action from the lawyer on December 5th.
"I always like to admit mistakes," he said, "but I couldn't help it here."