The lawsuit brought by a resident who wanted to prevent the Hinterberg construction area on the hill in western Denklingen finally failed.
In the oral hearing at the Bavarian Administrative Court in Munich, which lasted almost two hours, the resident withdrew the complaint.
BY JOHANNES JAIS
Denklingen
– Two and a half years have now passed since autumn 2020, when Johann Lehner from Denklingen initiated the norm control procedure until the decisive hearing in April 2023.
The development work for the approximately one hectare building area with 14 parcels was completed several months ago.
According to the Bavarian Administrative Court, the property neighbors objected to the Hinterberg development plan, which the municipality of Denklingen had drawn up in 2020.
The area is located on the northwestern outskirts of the village.
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It looks like the development plan for the Hinterberg residential area, which the municipality of Denklingen had drawn up in 2020 and against which a resident had taken legal action.
© Municipality of Denklingen
According to the Administrative Court, the applicant claimed impairments due to an "increase in traffic caused by the development plan".
In addition, the court recalled that an urgent application submitted by the applicants in July 2022, with which the development plan was to be suspended, was rejected at short notice.
In a press release, Mayor Andreas Braunegger reported that the professional judges from the Senate went through the objections of the plaintiff and his lawyer point by point and finally judged them completely negative.
The municipality of Denklingen acted lawfully.
This relates to several areas.
The main keywords are the removal of rainwater, the additional noise pollution, the extent of the development, the need for planning, compliance with the specifications of the state development program and the regional plan and the use of the local population model.
Three judges negotiated for two hours
After the almost two-hour hearing with the three judges in the Senate, the "futility of the plaintiff's undertaking" became obvious, according to the mayor's press release.
In order to save costs, the lawsuit was withdrawn during the oral hearing.
The Senate then dropped the case.
The Hinterberg building area has thus become incontestable.
"The hearing was mainly a presentation by the judge of paragraphs from the building law and comparative judgments from the past up to 1998," summarizes Johann Lehner, the applicant.
Only the fulfillment of formal criteria and the procedure by the court had been declared.
The additional car trips per year around the applicant's house, some with a 14 percent incline four meters from the house, were described as trivial traffic congestion for residents.
It is not permissible to take into account the existing traffic frequency on Menhofer Strasse.
It has nothing to do with the new plan.
The court sees no problem in the sale of land to non-residents
In addition, Lehner regrets that the Administrative Court did not recognize any violation of the priority given to interior development over the use of new outdoor areas.
The court even sees no problem in the sale of the land planned by the municipal council for locals to non-locals.
Lehner's hearty conclusion: For all municipalities in Bavaria, this means that they can use the Denklinger model for profit with plots from the outside area - according to the motto "Fresh meadows become building plots" as long as they are not too large.
After this negotiation, they do not need to fear that the development plans will be ineffective or that they will be forced to intensify.
The area in the Hinterberg residential area covers almost one hectare.
Exactly it is 9550 square meters.
Of this, 7330 square meters are pure building land.
On average, a plot is 524 square meters in size.
The first plot was awarded several weeks ago.