The municipality of Irschenberg does not have many options for regulating the gravel quarrying.
The number of occurrences that could serve as concentration areas is manageable.
Nevertheless, one wants to continue on the chosen path with a partial land use plan.
An exchange with the district office should clarify the chances of success.
Irschenberg – Moving the municipal council meeting from the parish hall to the gymnasium was the right decision.
Around 40 listeners came on Monday evening to find out the current status of gravel quarrying.
Planner Eckhard Emmel from the Landshut office EGL presented the results of his search for alternative occurrences and concentration areas.
Michael Beisse from the Munich law firm Döring Spieß was also present as legal counsel for the municipality.
In the past few months, Emmel and his office have analyzed the situation on site and created two scenarios: a map with only hard criteria (variant 2), which must be observed, and a map with soft criteria (variant 1) such as distance from of residential development, which are subject to consideration.
Emmel based the distance on the specifications of the State Office for the Environment and set the usual distance for mixed areas at 150 meters according to the immission control guideline TA Noise.
Other objects of protection such as FFH areas, water areas and traffic infrastructure were provided with smaller distances.
The remaining areas were combined with the geological map showing all gravel deposits.
The result for Variant 1 is 18 areas that remain for a closer look;
for variant 2 without buffer zones, there are 21.
Limited occurrences
According to Emmer, it is important that the deposits in Irschenberg are limited.
In Variant 2, the area that is not subject to any criteria doubles from 25.06 to 54.54 hectares, but the proportion of raw material area is still small at 1.67 percent (Variant 1) and 1.81 percent (Variant 2). together.
Also read the comment on the topic:
Dialogue is the key
These percentages are the crux of the matter.
Because legally it is not clearly defined whether the raw material area is to be set in relation to the total area without criteria or to the entire municipal area.
In order to create substantial space for projects, the rate should be around two percent.
Scoping appointment with the district office
This is where the district office of Miesbach comes into play.
Emmel recommended that the municipality arrange a scoping appointment with the authority, at which the district office can also set points of reference with regard to the buffer distances: would they follow the underlying criteria or would they reject them?
According to Emmel, if the district office goes along with the present argument, it makes sense to continue pursuing the intended partial land use plan.
This should regulate the mining of gravel in the entire municipal area in a generally binding manner.
Without it, the municipality can only react to privileged gravel quarrying, but cannot set a framework.
Mayor Klaus Meixner (CSU) rated the scoping as useful.
Attorney Beisse also welcomed such an appointment.
However, he assumes that a general distance of 150 meters is not tenable – although gradations in farmsteads and hamlets are not a problem for Emmel.
It is important that several usable areas remain.
When asked by Regina Gruber (FW Irschenberg) whether the municipality had legal certainty with the green light from the district office, Emmel and Beisse answered negatively.
"You don't even have legal certainty in court," replied the lawyer.
A victory in the first instance can be revoked in the second instance and reconfirmed in the third instance.
ddy
ON THE SUBJECT OF KIESGRUBE OBERHASLING HAS ALREADY BEEN PUBLISHED:
"The flow of information in the municipality can be expanded": That's what the information evening at the BI Irschenberg is all about
Because of the flyer: the mayor rebukes the Irschenberg citizens' initiative in the municipal council
Citizens' initiative Irschenberg rejoices: the municipal council agrees to defer gravel mining
Old positions instead of new approaches: no rapprochement between the municipality of Irschenberg and the citizens' initiative
Comment on the requested gravel pit in Irschenberg: The mayor is the representative of the citizens
Preliminary conversation: BI wants to show the municipality of Irschenberg a possible strategy against a gravel pit
Kiesgrube Oberhasling: Constructive exchange between community and citizens' initiative
Dialogue at lawyer level planned between citizens' initiative and municipality
Opponents demonstrate in Irschenberg for road safety for children
Gravel pit Irschenberg: Initiative no longer excludes citizens' petitions
This is how the citizens' initiative reacted to the decision of the municipal council
Mayor should negotiate with company about contract and relief
After criticism from citizens, Irschenberg municipal council fails to reach agreement on gravel mining
This is how the citizens' information event of the municipality of Irschenberg on gravel mining went
This is what the citizens' initiative Irschenberg wants to achieve
How it all began: people from Oberhaslinger are shocked by the gravel mining plans
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