Eckehard kiesewetter ebern- is there a legal backstop to push through the plan for the controversial high-bay warehouse without waiting for the result of the civic referendum?? The citizens’ initiative (BI) "against high-bay warehouses in eyrichshof" fears the legally regulated blocking effect of the burgers’ vote on 1. Marz could be undermined. The reason for this is the announcement by mayor jurgen hennenmann that the building code procedure will be continued.
Background: the zoning plan for the eyrichshof commercial area had to be changed if the company uniwell was to be given the opportunity to build a high-bay warehouse there in the planned size (14 meters high). The current urban land use plan only allows a certain building height (ten meters). The successful citizens’ petition has led to the fact that this question is to be decided not by city council resolution but by direct popular will.
Now the BI has found out from a resourceful lawyer that a passage in the building code declares a permit to have been granted if a municipality does not expressly refuse to give its consent to a building application within two months. In german: if the builder has not received any feedback from the municipality after two months, he is allowed to build.
Therefore, the BI has asked the city to clarify that there will be no resolution before the referendum. Moreover: the administration should propose to the building committee the refusal of the municipal consent to the building application of the company uniwell, in order to make the whole thing unambiguous.
Mayor hennemann reassuringly waves off the idea. In response to a question from this newspaper, he clarifies that the city council – as required by law – will not make any decisions on the matter (statute resolution) until the referendum is held. The topic will only come up again on the agenda of the city council after the burgers vote.
In the meantime, the reinterpretation of the development plan is continuing, which is possible after consultation with the legal supervisor at the district office and does not conflict with the citizen’s petition. The mayor refers to the legal right of an applicant for building to prompt treatment of his submission. "This also applies, of course, to construction projects of companies from the economy." Among other things, because of the drafty handling of construction projects, ebern has been honored several times as a business-friendly community. The city values entrepreneurial construction projects as a contribution to securing jobs in the business location of ebern and for the good of all citizens of ebern."
Here’s how it goes
What does the timetable look like? The building committee will process the comments and objections after the new interpretation and submit a proposed resolution to the city council for a bylaw for the development plan amendment. The city council will deal with the issue in march, taking into account the result of the referendum.
The legal prerequisite for the all-important approval by the building authority at the district office is a resolved development plan amendment with a corresponding resolution on the statutes. Neither will be available before march.
The mayor said: "the citizens should vote and express how to proceed further." It is necessary to decide "which is more important for the development in ebern, positively developing companies with new jobs, or building restrictions in a commercial area, in the opinion of."