A property owner has successfully defended himself against a terraced house project under construction in the municipality of Jeging in the district of Braunau.
Eight terraced houses with carports and two semi-detached houses with carports were to be built there. The neighbor who has complained about this lives on the other side of the five meter wide municipal road.
The project operator had applied for the building permit in 2019, and the mayor granted the permit in May 2020. The resident, on the other hand, sent a complaint to the state administrative court in Linz: due to the dense construction, massive, health-damaging noise emissions were to be expected and the small street was not at all suitable for the accommodate additional traffic.
But the court dismissed the complaint: the resident was a “neighbor” according to the Upper Austrian building code and enjoyed party status. In the process, however, he has no legal right to the fact that the traffic conditions may not change on a public road.
Furthermore, the state administrative court ruled that there were no constitutional objections to the local development concept and the zoning plan, in which the plots of land had previously been redesignated from grassland to building land. It is therefore harmless that the existing Mühlholz settlement should be expanded in the immediate vicinity of the town centre, according to the court.
In addition, the LVwG pointed out that the neighbors had not made any statement in the hearing process on the rezoning.
The person concerned turned to the Eggelsberg lawyer Gerald Priller, who lodged a complaint with the Constitutional Court in Vienna. With success. The Constitutional Court rescinded the relevant parts of the Jeginger land use plan and the local development concept after an ex officio ordinance review procedure.
Because in the course of the change in zoning in 2016, the municipality made an announcement, but this did not contain any reference to the possibility that citizens could raise objections and suggestions. This was “not just a minor violation of formal requirements, but a significant procedural deficiency,” emphasized the Supreme Court and overturned the Jeginger ordinances for illegality.
How things will continue in Jeging is open. Lawyer Priller takes the legal view that construction on the construction sites in Mühlholz should not continue.
Source: Nachrichten