That was different in the short term. As reported, the constitutional court overturned significant parts of the Jeginger zoning plan at the end of April after a complaint from residents and so ten of the 18 terraced houses under construction stood on grassland from one day to the next. Now there is a new, legally binding zoning plan and the plots are dedicated as a residential area.
This is what happened: in 2016, six parcels of land were converted from green to building land. The residents were informed about the project by RSB letter, but the wording was missing. It was not explicitly stated that they could object to the planned rededication. This went unnoticed until a Walser company received the building permit for a residential complex in 2019, a neighbor feared “massive, health-damaging noise emissions” and went to court. The complaints were dismissed, but the supreme court saw the missing RSB letter reference as a “significant procedural defect” and promptly reversed the 2016 rededication.
New plan replaced old one
This is how it went on: As it turned out, the overturned zoning plan was basically the obsolete model, because at the same time the new zoning plan approved by the state, which the municipality had revised and submitted over the past two years, came into force. “In the same week that I received the judgment from the Constitutional Court, the state sent us the new, legally binding zoning plan. That overlapped. So the old one is canceled and the new one is valid,” says VP Mayor Christoph Weitgasser. All guidelines were observed, they just looked for a gap here. The state administrative court has no concerns about the new regulation, which was announced at the recent hearing.
Relief also at the construction company Viktoria-Bau: “The objects will be handed over to our customers as planned in mid-September,” says managing partner Thomas Kuss. There was never a halt to construction, which is why the schedule can be met. “Thank God, this is also about families, some of whom have already sold their apartments and have registered their children for kindergarten or school,” says Weitgasser, speaking of the “lost of the community” with regard to all the excitement and additional work: ” Of course, not everyone is happy when row houses interfere with the usual unobstructed view of the green field, but we as a community also have an obligation to create affordable housing – especially in times like these, when prices are skyrocketing and home loan regulations become stricter.”
His client has not yet decided whether a new complaint will be filed with the Constitutional Court, says Eggelsberg lawyer Gerald Priller when asked by OÖN. The first plan was canceled for formal reasons, and there has not yet been a substantive review. In terms of content, the state administrative court sees no concerns “that an existing residential area in the immediate vicinity of the town center” will be expanded.
Source: Nachrichten
