In its meeting on Monday evening, the Irschenberg municipal council will decide on the catalog of criteria for the requested gravel extraction in the Oberhasling district.
As reported, concentration areas for gravel quarrying are to be determined via a sub-area use plan.
But the project is on shaky ground.
Irschenberg
– The sticking point is above all the distance between the gravel pit and the residential buildings.
As reported, the applicant company Hafner Beton from Bruckmühl (Rosenheim district), which belongs to the Austrian Leube Group, wants to move up to about 25 meters from the residential buildings - much too close from the point of view of the citizens' initiative (BI) Irschenberg, which opposed the project in the form requested.
On behalf of the municipality, the planning office EGL from Landshut recommended a distance of 150 meters at a preliminary meeting at the district office (we reported).
A value that the district office can certainly imagine, but which the community wants to reduce.
As the BI now writes in an open letter, the initiative and the community assess the legal situation differently.
There is concern in the municipal council that the 150-meter distance might not stand up in court.
That is why the municipality is taking a two-pronged approach and is in an exchange with Hafner Beton about an urban development contract - despite the municipal council decision to control the gravel extraction using priority areas and a partial area use plan.
BI allows critical points to be legally clarified
BI, which had the disputed points evaluated by a law firm, contradicts these concerns.
The result: If Hafner Beton were to apply for a norm control and if the Administrative Court (VGH) in Munich actually found a relevant error, the municipality could make improvements, and this usually also during the ongoing control procedure.
On the subject of a catalog of criteria, the lawyer also states that without a valid land use plan, there is no valid catalog of criteria.
"Even at a distance of 150 meters there is still enough gravel mining"
As the BI explains in its open letter, with a distance of 150 meters the contractor had "enough space for gravel mining in Oberhasling and at the same time the residents and the citizens had enough protection".
In numbers, "still 285,000 cubic meters of gravel could be mined," says BI spokesman Florian Kories.
"Assuming an annual requirement of 2.0 cubic meters of gravel per inhabitant, this results in coverage of the gravel requirement for the municipality of Irschenberg with its 3,200 inhabitants for 44 years."
balancing different rights
According to Kories, in an interview with the BI, Mayor Klaus Meixner (CSU) pointed out the lessor's property rights, which would have more space in the urban development contract than in the partial land use plan.
Kories counters this with the property rights of local residents, who face the risk of their real estate falling in value, and the rights of citizens who live along transport routes.
Their interests must also be taken into account in equal measure.
"In addition, with a distance of 150 meters, future-oriented urban development would be possible everywhere in the community thanks to the land use plan, even in hamlets and farms," says Kories.
The stipulated protective distance would give the entire community security.
At the same time, the property right of the lessor, the right of the developer and the protection of citizens would be sufficiently taken into account.
The meeting of the municipal council of Irschenberg will take place on Monday, April 17th.
Starts at 7 p.m. in the gym.
ddy
ON THE SUBJECT OF GRAVEL EXCAVATION IN OBERHASLING HAS ALREADY BEEN PUBLISHED:
Scoping appointment: This is how the preliminary meeting at the district office in Miesbach went
Sounding out the prospects of success: these are the next steps for Irschenberg in gravel mining
Municipality of Irschenberg has its deferral notice
BI explains their counter-strategy
Comment: Municipality has lost its information sovereignty
Citizens demand more transparency from the municipality at the BI information evening
"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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