Litigation about densification:Stage win for Neufahrn
Federal administrative court deals with development plan
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In the legal dispute about a possible densification in the west of Neufahrn, the municipality has achieved a stage victory: After the defeat at the Bavarian Administrative Court (VGH), it has now achieved that the Federal Administrative Court will deal with the matter. It could of course take a year before negotiations actually take place, says construction authority manager Michael Schöfer.
Specifically, it is about the densely populated residential area between Christl-Cranz-Straße, Sepp-Manger-Straße and Fritz-Walter-Straße and a classic conflict of interest: The municipality wants the existing apartment blocks not to become even narrower due to possible new buildings the existing green spaces – also for playgrounds – are retained. A corresponding development plan was therefore decided in which the playgrounds were expressly defined as district playgrounds and the green areas as areas for communal use. Against this, however, two landowners have sued – with success: The (VGH) has declared the development plan null and void and has not allowed a revision. Against this, the community defended itself by filing a non-admission complaint. Schöfer reports that the lawyer gave it little chance of success. In the event of failure, development would have been possible. The district office could have already approved building applications.
Now the complaint was successful after all and an appeal is permitted. The outcome of the proceedings is of course still uncertain. That is why the municipal council has already decided in the past to take a two-pronged approach as a precaution. In addition to the legal disputes, efforts are also being made to find a “cure”: The points that the VGH criticized in the development plan are being changed. Because the judges had not rejected the basic goals of the community, but only bothered about details of the development plan, as Schöfer explained at the time. At the same time, they would have given indications of what would have to be changed in order to remedy the deficiencies that they see as existing. If the revised development plan is unassailable, it is hoped that the goal will be achieved.
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