As of: January 30, 2024, 5:57 a.m
By: Dieter Dorby
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Controversial construction project: Two new single-family homes are to be built behind the Wies fire station on the edge of the forest.
Some trees would have to fall for this.
© tp
Creating living space for local families?
Of course gladly.
But to cut down trees on the edge of the forest?
The Miesbach city council had differing opinions on such a project in the Schweinthal district.
Some warned against creating a reference case.
Miesbach – The request is a few years old.
In the Miesbach district of Schweinthal, a family wants to build on their property on the outskirts behind the Wies volunteer fire department's equipment shed.
The project, which envisages two single-family homes and garages, was already discussed in the city council in September 2021 (we reported).
The building site is outside.
Development plan failed
The city now wants to introduce an inclusion statute after the first approach - a development plan in an accelerated procedure - was prevented as a result of the Federal Administrative Court's ruling.
The court found that Section 13b of the Building Code contradicts European law (we reported).
However, the repair clause that has now been created by the legislature does not seem to be suitable for the 1,700 square meter property in Schweinthal.
The reason for this is the assessment that the Office for Food, Agriculture and Forestry (AELF), as the specialist authority involved, made in June 2020.
It also stated that this would be a protective forest that should not be cleared - an assessment that the lower nature conservation authority at the district office did not follow.
From their point of view it is a “normal forest”, but the city would have to explain the predominantly public interest in more detail.
In view of the vague legal terms in the repair clause and the positions of the AELF and the district office, the city's building department suggested making the project possible by means of an inclusion statute along with regular ecological compensation.
“What the city council decided in 2021 will now be implemented in a different way,” said building authority manager Lutz Breitwieser, summarizing the case.
Housing versus nature conservation
While Markus Seemüller (Free List) supported the city's approach because it was a local family, Manfred Burger (Greens) rejected it and referred to reasons related to nature conservation.
In fact, the Federal Nature Conservation Association, of which Burger is district chairman, pointed out in April 2023 that the area in question was partly in the Egartenlandschaft landscape protection area and that there was no overriding public interest in the development.
Facilities officer Michael Lechner (Free List) also opposed the construction project: “The development is extremely problematic.
It is a novelty that forest areas are being used for development.
This is an extremely bad signal.”
The protection forest claim is off the table
Breitwieser didn't want to leave this alone.
Since the building applicant family owns the adjacent forest, a gradation of the edge of the forest is possible, as the property of a third party is not encroached upon.
The AELF has also now distanced itself from the assessment that it is a protective forest after the city recommended that this be officially determined with a decision and justification.
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While Paul Fertl (SPD) feared that "we will have to hear more often that forests are allowed to be cut down", Erhard Pohl (CSU) contradicted: "That's just small vegetation." Florian Perkmann (SPD) added that the houses are not objects of speculation but are sourced from Miesbach families.
What Florian Ruml (Free List) confirmed: “The city council is sticking to its decision from 2021. Only the path is different now.” The committee approved the inclusion statutes with five votes against.
This means that the outdoor areas become part of the indoor area.
ddy