As of: February 9, 2024, 10:20 a.m
By: Matthias Matz
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The city of Füssen now prohibits second homes in certain areas through a development plan.
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Holiday apartments have long been a thorn in the side of politics in Füssen.
But so far she has been powerless against second homes.
This has changed now.
Füssen –
After holiday apartments, the city of Füssen is now also declaring war on second homes.
This is made possible by a court ruling from Lower Saxony.
Accordingly, secondary residences can now also be prohibited by means of a development plan (B plan).
The building committee immediately used this instrument on Tuesday evening: with unanimous resolutions, it banned second homes in the “Hopfener triangle” and on Enzianstrasse in Weißensee.
Mayor Maximilian Eichstetter (CSU) said that this was a “particularly bold case” in the district.
Until now, politicians have been powerless to prevent the conversion of living space into second homes due to a lack of legal options.
The fact that second homes can now also be excluded using the B plan is made possible by a ruling by the OVG Lüneburg in 2022.
With the ruling of the Lower Saxony administrative judges behind it, the city can now, by drawing up a simple B plan, not only prohibit holiday homes but also second homes where the municipal accommodation concept that came into force in 2021 recommends it.
The aim is to counteract unpleasant developments in the already tense housing market and their negative consequences for the economy and city life.
After all, according to the accommodation concept, one in five apartments in Lechstadt is not used for permanent living.
Until now, a ban via the B plan was only possible for holiday apartments.
But now secondary residences are just as big a problem for the tight housing market.
“Holiday living is in turn being displaced by second homes, so that negative developments in tourist infrastructure can also be observed in some cases,” says the building authority.
But back to Weißensee: In this case, in June 2020, after several replannings, the building committee gave the green light for the construction of two apartment buildings, each with six residential units and an underground car park with 16 parking spaces - in the belief that urgently needed living space would be built there.
The disappointment is now all the greater that the developer is advertising the apartments on the Internet as second homes, as Eichstetter reported to the committee.
“It hurts your heart to read that,” he said Tuesday evening.
The city council and administration reacted promptly and decided that same evening to draw up a simple B plan for the area, which prohibits second homes in houses.
On the one hand, living space is still urgently needed and should therefore be permanently secured, and on the other hand, according to the building authority, there are already 400 second homes in the small district.
Change ban is issued
There are similar fears in the town hall with regard to the “Hopfen Triangle”.
Here, a developer wants to turn an apartment at Abt-Goßwin-Straße 1 into a holiday apartment.
However, since the city's accommodation concept recommends not allowing any further accommodation establishments in the "HopfenerTriangle" and there are already several in the neighborhood, the building committee also said no to this application and decided to draw up a B plan without discussions.
This means that so-called entertainment venues and betting offices will also be excluded from the scope in the future.
In order to prevent the applicants from taking measures that conflict with the B plan during the period when the B plan was being drawn up, the committee also imposed a change ban in both cases.
Mayor Eichstetter announced to the district messenger that this procedure would also be used in future construction projects, apartment buildings and B plans.
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Jürgen Brecht from Füssen is happy about it.
According to his own statements, he made the city administration aware of the ruling from Lower Saxony.
The fact that the city acted promptly was “a big win for the city of Füssen,” Brecht told the Kreisbote.