As of: February 25, 2024, 6:03 p.m
By: Petra Schafflik
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On-site appointment of the administrative court at the Leitenberg concentration camp cemetery: Thomas Hermann from the Bavarian State Office for Monument Preservation (2nd from left) explains to the administrative court with presiding judge Johann Oswald (wearing a cap) the line of sight from the Regina Pacis chapel to the south.
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Will a planned radio tower disrupt the view to the south from the memorial chapel on Leitenberg?
This question was discussed at an appointment at the Munich Administrative Court – initially.
However, in the end there was a completely different problem.
Dachau – A stable, fast mobile network is now part of the basic infrastructure.
In order to close the last dead spots, additional transmission masts must be set up.
But how close can a radio tower like this get to a monument?
How much attention comes into focus in a historic location?
These questions were the subject of a case that the eleventh chamber of the Munich Administrative Court heard publicly on Thursday at the Leitenberg concentration camp cemetery.
Deutsche Funkturm GmbH, a subsidiary of Deutsche Telekom, had sued.
The city of Dachau has not approved a cell phone mast that the company would like to build on a triangle of land between the Bahntrasse and Freisinger Straße.
The authority followed the assessment of the Bavarian State Office for Monument Preservation, according to which the mast would pose a significant impairment to the Leitenberg concentration camp cemetery.
Now the court had to decide.
On-site appointment by the administrative court at the Leitenberg concentration camp cemetery
Before the hearing, the court, chaired by Judge Johann Oswald, got an idea of the specific situation together with everyone involved in the trial.
First we went up the hill to the Italian chapel Regina Pacis, where Thomas Hermann, area representative of the State Office for Monument Preservation, explained the monument protection authority's concerns.
The point is not that the planned radio mast, which is planned about 500 meters away at the foot of the Leitenberg, would disturb the view of the concentration camp cemetery.
The wind turbines in Etzenhausen and Webling as well as a high-voltage line are already coming into view on the way up.
But monument protection is about a completely different perspective: the memorial chapel, according to Hermann, is not oriented to the east as usual, but explicitly to the south, towards Italy.
From the portal of the building the view goes to Dachau Castle and to the south.
The cell phone tower would be located exactly in this southern line of sight and disrupt the image.
The narrow radio tower would disappear behind the densely growing trees, plaintiff attorney Lisa Lückemeier pointed out.
And the silhouette of the city can still be seen.
The planned mast would stand exactly in a gap in the vegetation, replied Stefan Wirth-Rasehorn, lawyer for the city of Dachau.
The court and those involved in the process then took a look at the cemetery itself and the planned location of the radio mast on Freisinger Strasse.
There the mast would be erected diagonally opposite the Bayerische Metallwerke, close to the railway line, on a spot that is lower than the road.
This location was chosen because the cell phone connection along the ICE route with the transmission mast should be improved.
Controversial cell phone tower: There is an unexpected problem for the plaintiff company
Back at the parking lot of the concentration camp cemetery, Judge Oswald opened the public hearing.
And first explained the assessment of the five-member chamber, which had met on the way back.
On the one hand, the decisive factor is whether the radio mast would affect the townscape, said Judge Oswald.
That is probably not the case, the city is hardly visible from Freisinger Strasse anyway.
The court also considers the monument situation to be rather unproblematic.
In fact, the planned radio tower would face south from the chapel.
But whether the project should fail because of this, “we would say no.”
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Normally, when weighing up building law and monument protection, it is usually a question of whether a construction project near a historic building would affect the view of the monument.
Here it is “exactly the other way around” about the view from the monument to the city view.
But the chamber did not recognize any significant impairment.
“The radio tower is a neutral, technical system; we would probably see it differently if it were an advertising system.”
If the representatives of the plaintiff Deutsche Funkturm GmbH had hoped at this point for a successful outcome to the negotiation and thus for building rights for the radio tower, then that was premature.
“There is a formal problem,” said Judge Oswald.
Important document is missing
The required proof of stability for the planned radio mast has not been submitted, so there is no prospect of building permission.
They didn't want to commission the statics given the uncertain building law, explained lawyer Lückemeier.
But simply submitting the missing document after a judgment is not possible.
Oswald emphasized that the chamber attaches great importance to compliance with the building template regulations, i.e. to ensuring that all the necessary documents are also included with the building application.
The presiding judge showed the result: “The lawsuit is rejected for formal reasons, regardless of the court’s opinion.” It will “result in a new building application.”
The lawsuit will probably be dismissed
The final decision was made by the court following the hearing and will be sent to the parties in writing.
But the presiding judge's assessment suggests that the lawsuit will be dismissed.
Deutsche Funkturm would have to submit a new building application to the city.
It remains to be seen whether the authority will then take into account the court's assessment of the content, which has no legal effect, and approve the building application, or whether it will face another lawsuit if it is rejected again.
One thing is certain: rail travelers will have to live with poor reception north of Dachau for a longer period of time.