Schwarzbau am Dünaberg will be removed - it is still unclear whether the owner will be prosecuted for clearing

Created: 07/01/2023 14:38

By: Peter Reinbold

The current situation: This is what the illegal embankment on the property at Dünaberg looks like at the moment.

© Herpen

Almost a year after a property owner had illegally made a landfill on the Dünaberg, one thing is certain: the illegal construction is going away.

The polluter will voluntarily remove the wall.

This is an agreement with the district office of Garmisch-Partenkirchen.

It is still questionable whether he will be asked to pay for clearing trees or whether he will have to plant replacements.

Murnau

– As a postman, Reiner Oppelt has frequent contact with and with the citizens of Murnau.

Because many people know that he has been on the Markt council for a little more than a year, he is often asked about it.

Especially on topics that are currently relevant.

For a few months now, events on the Dünaberg have been among those that have stirred people's minds.

A property owner had illegal landfills up to six meters high and clearing carried out on the corner of Kohlgruber Straße, triggering a wave of indignation among residents.

Neighboring homeowners in particular were appalled and complained about damage to the building.

Over the past few weeks, many people have asked Oppelt about the current state of affairs, after the district office initially imposed a building freeze and the Murnau building committee,

of which Oppelt is a member, had rejected the property owner's subsequent application for a building permit.

With this procedure, the man who owns the large property wanted to have his interventions approved afterwards.

"I couldn't give interested citizens any specific information because there was no information," says Oppelt.

Market builder Klaus Tworek was also unable to fully answer Oppelt's request at the municipal council meeting on December 15, 2022.

There is a lively exchange of letters between the district office and the person responsible for the embankment.

There are many indications of a dismantling, Tworek said at the time.

Builder wants to remove backfill

He's coming now.

However, not by order of the district authority.

Research by the daily newspaper revealed that the client, according to Stephan Scharf, spokesman for the district office, had declared that he would voluntarily repair the backfill by January or February 2023, depending on the weather, in order to avoid a formal removal order.

If this has not happened by this time, the district office will, according to Scharf, “issue the announced formal disposal order”.

The property owner did not want to comment on the state of affairs when asked by the daily newspaper.

He's in a meeting right now and doesn't have time, he explained over the phone.

He declined further attempts to make contact.

Oppelt, confronted with the latest development by the daily newspaper, is relieved.

"I'm satisfied with the solution, so that the world is right again for me.

The same rights must apply to everyone.” He stayed on the ball because he wanted to prevent something similar happening in Murnau as in neighboring Ohlstadt.

The government mills grind particularly slowly there.

Even ten years after a black building was discovered on the site of a motor vehicle workshop, it is still unclear whether the warehouse needs to be demolished.

"I've always thought to myself that we shouldn't have anything like that," explains Oppelt.

It is still unclear whether the owner of the Dünaberg area will still be held liable or asked to pay for the clearing of the trees, some of which had a trunk circumference of more than 80 centimeters.

He has nothing to fear from the district authority in this regard.

Scharf makes this clear: "For reasons of nature conservation law, the district office as the lower nature conservation authority does not have to carry out any replacement plantings, since no protected areas or legally protected biotopes are affected." The intervention regulation does not apply because the affected area is located in the area of ​​a development plan.

District Office: Other authorities have an obligation

Scharf sees other offices as having a duty.

From the point of view of his authority, the Office for Food, Agriculture and Forestry (AELF) in Weilheim is responsible for whether replacement plantings are necessary for other reasons, since clearing may have taken place and the market in Murnau is executing the development plan.

According to Kreszentia Oppenrieder, the community is currently in the testing phase and is trying to find out what is possible.

The managing official of the town hall administration announced that there was an exchange with the building supervisory authority.

Last but not least, it is about "staking out the legal framework for further action in relation to the enforcement of subsequent plantings or fines on the basis of the statute".

Also interesting:

nature conservation guards are now also on the move in Murnau