As of: January 30, 2024, 11:15 a.m
By: Wolfgang Rotzsche
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In urgent proceedings, the Bavarian Administrative Court has temporarily suspended the construction project on Putzbrunner Straße in Hohenbrunn.
© D.-W.
Ebener/dpa
The project on Putzbrunner Straße in Hohenbrunn is being slowed down again.
In urgent proceedings, the Bavarian Administrative Court has temporarily suspended the construction project on Putzbrunner Straße in Hohenbrunn.
Hohenbrunn
- These are the areas on which, among other things, a supermarket and residential development would be planned.
A neighbor has submitted an application for regulatory control and an interim order to suspend enforcement to the Bavarian Administrative Court.
In July 2020, the application for suspension was rejected for the first time.
After a noise report commissioned by the Senate, the applicant submitted another application in October 2023, which the Senate approved in November 2023.
According to building authority manager Martin Strobl, the court noted, among other things, that the noise pollution exceeded the maximum value of two dBA.
Mayor Stefan Straßmair (CSU) questioned the fact that there was suddenly increased noise pollution: “I was not aware of the sources of the noise.” But taking action against it would only result in a loss of time.
It could take months, if not years, for the court to make a final decision in the case.
“We assume that the court is right.”
New reports are necessary
Strobl added: “We are going back to where the error occurred.” The previous development plan, which is being complained about, will be left standing for the time being.
Strobl: “We are essentially opening up a supplementary procedure.” The determination of the residential area must also be changed in the new procedure.
The aim of the change to the current project-related development plan is the realignment and re-planning of the general residential area, since only residential complexes were planned here according to the development plan, which has been temporarily suspended, and certain uses were excluded according to the building use regulations.
According to Strobl, these uses must be “project-specific” and specified in terms of content in a supplementary process as part of the list.
Updated reports are necessary, which are paid for by the municipality but billed to the project developer.
At least one round of interpretation is also necessary.
Do everything to create living space
Peter Berger (ÜWG-FW) questioned: “Who made the mistake?” Straßmair replied: “A development plan can never be 100 percent certain.” However, Straßmair would raise questions about the extent to which the allegations in the court proceedings are justified.
So be it, was the motto.
After all, it's about living space, which is urgently needed, about the supermarket and a medical center.
The latter fall under the concept of social purposes.
This is also an issue that needs to be clarified again in the new development plan process.