Court stands against new building

Christian Licha

Something is stirring again in the eternal struggle of the municipality of Oberaurach for a cycle path along the road between Tretzendorf and Unterschleichach. Mayor Thomas Sechser (CSU) informed the local council at its meeting on Thursday evening, because on the same day the judgments issued by the administrative court of Wrzburg in the proceedings for the exemption under species protection law for the planned construction were received through the community’s lawyer.

“If the two judgments should become final, it means that the cycle path cannot be built,” said Sechser, who, along with almost all of the community, was visibly disappointed by this result. With two dissenting votes on the part of the Green parliamentary group, the committee decided to apply to the community’s lawyer for permission to appeal. “We will exhaust all legal possibilities to be able to build an attractive cycle path for young and old,” said the mayor. There are not only ambitious athletes who ride mountain bikes, but also families with children and seniors, for whom the existing gravel path through the forest is very unsuitable.

The subject of the dispute between the Federation of Nature Conservation in Bavaria as the plaintiff and the Free State of Bavaria, represented by the government of Lower Franconia, as the defendant and the municipality of Oberaurach as the summoned party, was the decision of the government of Lower Franconia dated May 9, 2018. The Bund Naturschutz has both against The exception permit contained therein under species protection law, an exception in the matter of flora-fauna-habitat areas (FFH) and an exception regarding protected biotopes have been brought before the Wrzburg Administrative Court. The latter procedure was “suspended” by the plaintiff at the oral hearing on October 20, 2020, until a final decision was made in the first two procedures.

In the two judgments that have now been issued, the Bavarian Administrative Court of Wrzburg repealed both the exemption under species protection law and the exception with regard to the FFH area. The facts and the reasons for the decision are listed on 40 pages, as Mayor Thomas Sechser explained.

“The reason for the revocation of the permit for the municipality is simply the reasonable alternative, in the view of the court, for the cycle path on the existing route in the forest”, said the mayor. In the view of the court, the population’s lack of acceptance of using the existing sidewalk and cycle path and the associated switch to the state road is an unsubstantiated claim. In addition, a gravel surface, such as that applied on the cycle path through the forest, The court said it could easily be driven on by bike. Cyclists should not be allowed to use the state road with a traffic sign, with the result that all cyclists are directed to the existing cycle path.

Furthermore, the committee decided to grant voluntary benefits for the 2020 budget year. While the cultural funding for the music and choral associations was maintained at a total of 2200 euros, as was the funding in 2019, there was funding for sports, music and singing and fire brigade associations an increase to 20 euros per local youth. This results in a total of 7140 euros.

In addition, Sechser reported on the financial development of the Oberaurach Sports and Culture Foundation. In this way, interest is expected to be earned in the current year 129 euros. The low income results from the low level of interest rates. The municipal council decided unanimously to transfer the interest income to the basic assets, which are expected to amount to 194023 euros as of December 31, 2020.

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