As of: February 3, 2024, 12:30 p.m
By: Jonas Napiletzki
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Plots without building rights: The plots and the strip intended for development are diagonally opposite the fire station car park.
Graphic: Dak/Map: Bayernatlas © Graphic: Dak/Map: Bayernatlas
Because the preliminary decision from 1970 has expired and the will to designate building land has changed, two brothers are not allowed to build in Fischbachau.
Elbach
- More than 50 years too late, two brothers submitted their applications for land use planning for a single-family home with a double garage in the community of Fischbachau.
In 1970, the district office offered the applicant the prospect of approval with a preliminary decision.
But because it was only valid for one year and the planning intention for building land designations has changed fundamentally since then, the majority of the local council has now rejected the brothers.
The fact that the previous owner of the community sold a 400 square meter strip of land specifically for the access road, which was never built and is now completely obsolete, is likely to be particularly annoying for the applicants.
But: “This happened with the knowledge and will of the previous owner and cannot be blamed on the community of Fischbachau,” said Stefan Deingruber (CSU) from the meeting document.
The mayor himself agreed with the building authority's statements.
“Without land-use planning, no building can be built on the property.” And issuing such a land-use plan would contradict the catalog of criteria and thus the rules that the committee has set itself, reminded Deingruber.
Catalog of criteria regulates building land designation
As reported, the committee decided on a catalog of criteria in the middle of last year that regulates the designation of building land.
Among other things, this excludes a single-line expansion of the development - which the administration and Deingruber saw as a given.
Both properties are located at the end of the asphalted Huberfeldstrasse in Elbach, diagonally opposite the parking lot next to the fire station, where they would expand a previously single-row row of houses.
A designation of building land through an inclusion statute would be necessary for several reasons, as the mayor further explained.
On the one hand, the said preliminary decision from 1970 expired after no development took place.
On the other hand, the district office rejected a later application from 1991 because the building site was outside and there was no privilege.
The municipality gave its consent to the project at the time - following a paragraph in the law, according to which projects can be approved in individual cases "if their execution or use does not impair public interests and development is secured".
However, the administration did not see any need to deviate from the current catalog of criteria, as there were no factual and objective reasons for this.
“Rather, it would be an urban development misdevelopment that runs contrary to the objectives of the catalog of criteria,” says the template.
“The property has a history,” Deingruber explained at the beginning.
However, this would not result in any claims or commitments.
Three applications had recently failed due to the new criteria.
Advocates in the minority
The administration also concluded from the application that the brothers would not want to participate in the community's levy model.
As reported, this model envisages the purchase of half of the planning area by the municipality - with the intention of making the land available to locals at a reduced price.
Andreas Gschwendtner (CSU) did not agree with the administration's assessment.
Huberfeldstrasse is well developed and would not only enable development for this project, but also create development potential on the opposite side of the street.
Then it would no longer be a single-line development, concluded Gschwendtner.
“And there are many advantages when young people build in their home community.” Among other things, the age structure would decrease and the community would benefit from income tax participation.
But only three other council members were convinced of this.
Brigitta Regauer (CSU), Andreas Estner and Ludwig Birner (both FWG) voted with Gschwendtner against the rejection.
However, a large majority of 14 votes did not want to enact any land use planning.
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