A luxurious campsite with 85 parking spaces for mobile homes and caravans, plus 55 car parking spaces and a restaurant open in summer and winter: a construction project in Hinterstoder on the site of the demolished Peham villa is not without controversy. A resident had lodged an extensive complaint with the state administrative court against the building decision of the then mayor Helmut Wallner (VP).
This has now been judged inadmissible by the court and dismissed. According to the decision of the LVwG, the neighbor is indisputably a neighbor within the meaning of the building regulations and is therefore entitled to lodge a complaint. However, the complainant’s objections related to issues such as the protection of the townscape, nature conservation (the alleged displacement of wild animals) and securing the water supply.
In such questions, however, neighbors have no say, no “subjective public right”. Likewise, a neighbor would not have a say in the number of parking spaces under the building regulations, “even if he could be affected by the lack of them,” according to the ruling.
Where neighbors have a say, for example with distance regulations and the height of the construction project, the complainant “did not make any specific submissions,” according to the judgment.
The only option now is to lodge complaints with the Constitutional or Administrative Court.
Source: Nachrichten
