In February, the Schliersee Building Committee voted again on a controversial building in the suburbs. He could have saved himself that. Because as it turns out, approval was given long ago – by fiction in December.
Schliersee – For years, local politicians in Schliersee have been tackling this suburban home in the direction of Schliersberg, repeatedly expressing their displeasure with deviations from the building permit. Now the topic is perhaps closed – in a very unfashionable way from Schliersee’s point of view: by the so-called consent imagination. This means that the construction project is automatically approved after a certain period of time, unless the project is rejected by the authorities. But the construction commission has done the latter over and over again. Only: the approval authority is the district office, which then left the required changes long enough to approve itself, so to speak.
The treatment at the Municipal Council is outdated – the building application has already been approved
Schliersee Mayor Franz Schnitzenbaumer (CSU) has announced the fiction’s entry into the construction commission. The mayor of the city was extraordinarily clear: “He almost knocked the switch,” he said angrily. If things were left in the district office to take care of themselves, “we don’t need to talk here anymore,” Schnitzenbaumer says. The commission last dealt with the change in February – and rejected it again. Only: According to the county office, the consent illusion occurred on December 1 of the previous year. “We will express our dissatisfaction with this,” Schnitzenbaumer said. And not only that, at the request of Gerhard Vass (the Greens), the mayor made it clear that the administration was checking whether the lawsuit had a chance of success.
Discomfort with the height of the building and off-plan construction
What troubles the Schlierser about the building is above all the height, which is thought to be inappropriate, especially in the suburbs, and for which the Municipal Council imagines an outdated development. Contrasting with the design statute, the relevant draft resolutions mention, inter alia, “exposed and visible basement windows”. Perhaps this is one of the reasons why the client installed the balcony on one floor below. Schliersee also complains that the balcony called “Putzsteg” is “bigger and stretches all the way”. This is not allowed. As it turned out last year, a few things were done differently within the building, too. But this is not the business of the municipality, but of the approval authority.
The district office insists: everything complies with the rules, that is, to agree
I then informed the Municipal Council that the said balcony does not conflict with the design laws and that the same applies to the windows in question. Thus, the change in plans must be approved. But Schlierseers continued to decline. The last time was immediately after the novel happened, which the Mesbach authorities reported to the Schliersee municipal council in mid-May. Eventually, the district office writes, the state building authority was to replace the community agreement anyway. In this regard, the occurrence of fantasy does not change the status quo.
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Regarding the basement, the district office now states that the windows were already bare in the original April 2016 building permit. This was presented differently at all meetings. Also in an urgent order issued by Schnitzenbaumer during the Corona lockdown in December 2020, he said: “Deviations from the design regulation (disclosure of basements and changes in terrain) will not be approved.” As intended, the county office counters.
Thus, there is now a fully certified home in a steep area that Schliersee never wanted to have. The only question is to what extent Jürgen Holchelle’s (CSU) concerns will materialize. “If we leave it like that, they will come one by one.”