As of: February 3, 2024, 12:00 p.m
By: Gabi Werner
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A new building is to be built on this area on Luckenkopfstrasse.
The community spoke out against it, the district office replaced the agreement.
© Thomas Plettenberg
A planned new building on Luckenkopfstrasse in Bad Wiessee is creating a bad atmosphere between the town hall and the district office: Because the latter has replaced the community agreement, the municipality wants to file a lawsuit.
Bad Wiessee
– It is a “very remarkable process that initially leaves you speechless”.
This is how building authority manager Anton Bammer summarized what has happened so far at the most recent meeting of the Wiessee building committee.
Because a higher-level authority is “consciously ignoring the community and disregarding applicable local law,” he suggested filing a lawsuit with the Bavarian Administrative Court.
The planned residential building was too powerful for the building committee from the start
The stumbling block is the planned new construction of an apartment building with five residential units and an underground car park on Luckenkopfstrasse.
The project is permissible in terms of purely building planning law, but the committee found the property too powerful from the start.
To set an example, he rejected the preliminary ruling application for the first time in January 2022.
As a result, and despite the intervention of the district office, Bad Wiessee stuck to the negative decision.
The district authority had argued several times that the construction project would fit into the surrounding development and cited the property at Breitenanger 6 as a reference case.
Gable does not comply with local statutes: building application rejected
In March 2023, the Wiessee building committee discussed the submitted building application.
Consent was refused with the argument that the width of the planned cross gable did not correspond to the local planning regulations.
A reason that the district office did not want to accept, since the admissibility under building planning law had been confirmed in the preliminary decision issued.
In the end, and after some back and forth between the municipality and the district office, it came down to the higher authority replacing the municipal agreement and issuing the building permit at the end of 2023.
The decision permitted deviations from the local planning regulations regarding the cross gable, as Bammer reported: maximum depth of 3.75 instead of 3 meters and maximum width of 10 instead of 8 meters.
Green councilor von Miller: “That stuns me”
“It’s a shame that people treat each other like this,” lamented the head of the building authority.
The members of the building committee were no less outraged.
The fact that the district office is deciding against the municipality's statutes – “that stuns me,” said Green Party councilor Johannes von Miller.
He is in favor of not putting up with this.
“I’m angry,” explained Georg Erlacher (CSU).
As a community, we strive to get the best possible for the place.
The district office is therefore not allowed to work against the municipality.
“I’m completely behind it,” he said of the proposed lawsuit.
The building committee unanimously voted in favor of filing a lawsuit
After parliamentary group colleague Kurt Sareiter ("it's bad when the district office of all people doesn't observe the statutes of their municipalities") and SPD councilor Wolf-Hagen Böttger ("equal rights should apply to everyone") had also made their position clear, they agreed Committee unanimously in favor of taking legal action against the existing building permit before the administrative court.
It was hoped that this would send a signal to the district authorities, was the unanimous opinion.
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