As of: February 23, 2024, 3:23 p.m
By: Jörg Domke
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These Swabian residents, among others, followed the meeting in the town hall and at the same time campaigned for the request to be approved.
© Stephan Görlich
Over 90 visitors in the council chamber, a lively debate, an interruption, curiosities: the most recent Swabian council meeting was quite something.
It was about the asylum seekers' home at Ziegelstadel.
Markt Schwaben -
The legal framework was so clear that no one was really surprised by what the market town council decided with a majority of 17:9: namely, to declare the request submitted by a citizens' initiative to ultimately prevent asylum accommodation at Ziegelstadel to be legally invalid.
The plenum followed the legal assessments of the legal supervision at the district office and a law firm commissioned by the market town.
If the council had come to a different assessment, Mayor Michael Stolze (independent) would have even had to suspend enforcement.
Reason: "In the present case, the land use planning initiated by the citizens' initiative is clearly intended solely to prevent the imminent use of the Atron building to accommodate refugees." Such negative planning is not permitted under the current legal situation.
Advise non-publicly on how things should proceed
But what happens next?
This is exactly what most of the 90 or so listeners present were hoping for at least some hints of during the session.
However, discussions about further steps were not made public.
Essentially, there were two options: a change to the development plan “Partial development plan Burgerfeld I” by turning a mixed area into a residential area and/or a change ban.
“Nothing was decided, only advice was given,” said EZ when asked.
However, the unusual situation arose that the said secret deliberations on how to proceed were accidentally read for hours before and after the meeting on the municipality's homepage in the area of the so-called "Council Information System" (RIS) - and only again on Friday night were taken from the newly created public RIS platform.
The background: There had been a back and forth in advance about the question of whether these were matters that should be dealt with publicly or not.
Whether changes to the development plan and change barriers can be a means of stopping the asylum home project is and remains uncertain for the time being.
However, the district office has a clear opinion on this.
At the request of the EZ, the district authority announced the following: “There is a legally binding rental agreement between the Free State of Bavaria and the owner of the property (start: October 1, 2023, end: September 30, 2030).
And there is a clear regulation in Section 246 Paragraph 14 of the Building Code (federal law). This states that the municipal consent to the building application (if it is not granted by the municipality) can be replaced by the lower building permit authority in the state district office if there is a need for accommodation , which is demonstrably the case (even a ban on changes under building law would not change this).
Protest banner from “Side by Side” © Side by Side
The government of Upper Bavaria has already indicated that it will instruct the district office to replace this agreement.
In the previous step, the social welfare administration in the district office will promptly submit a building application to the municipality to convert the building, which also includes use for a maximum of 120 people.
The aforementioned process will then be set in motion... As of today, it can be assumed that the building can be used to accommodate refugees by mid-2024.”
On top of that, there were further technical problems within the administration on Thursday (and days before).
Stolze spoke of server problems, with invitations to the February meeting not taking place as usual.
There was even a brief threat of the meeting being canceled on Thursday after Green Councilor Joachim Weikel pointed out that any subsequent resolution could potentially become legally ineffective.
Only after a 25-minute, ultimately superfluous exchange of blows and an almost equally long discussion between the mayors, the top administration, the parliamentary group spokespersons and the new managing director Melanie Idek (it was her first public council meeting in Markt Schwaben on Thursday) did it become clear that, despite all the imponderables there was a compliant invitation.
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Badge that promotes diversity in Markt Schwaben.
© jödo
Since it is now known that the Free State has already rented most of the Atron building, an application for approval of the change of use is now pending with the building supervisory authority.
The council will address this issue at its meeting on March 14th.
You can read even more news from the Ebersberg region here.
By the way: Everything from the region is also available in our regular Ebersberg newsletter