The statutes resolution for the development plan of the new residential area “Hintersberg 2” has been passed. 38 residential units are to be built there. Lawsuits against it are likely.
- The new residential area Hinterberg 2 has cleared an important hurdle: The city council has passed the statute resolution for the development plan.
- The project is controversial. The residents in particular don’t think so.
- The city council expects lawsuits against the 38 residential units.
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Bad Tölz – After a long discussion, the Tölz city council cleared the way for a new residential area in Hintersberg 2 in its Christmas meeting. The constitutional resolution for the development plan was passed with 22: 3 votes. That is definitely not the end of the case. Lawsuits against the development plan are expected, as was also made clear at the meeting.
Interestingly, the legal objections that emerged before the meeting did not play a role in the debate. The lawyer of the residents from Heiss- and Ludwig-Thoma-Straße had criticized an “inadmissible advance binding” of the city council several times. On the one hand, the city had spent around 650,000 euros on backfilling the old mine tunnels, thus putting pressure on the development plan procedure. On the other hand, the municipality has acquired an area from the property owner (for affordable housing) without agreeing a right of withdrawal if the development plan fails.
Access causes discussions
This was not discussed in the city council meeting. Instead, it was once again about the access to the new residential area via hot street. Gabriele Frei (CSU) once again urged the councils and administration to think about an alternative access via a route from the Friedhofsberg. The administration had already examined two variants in the summer and rejected them as too expensive and “space-consuming”. The Frei-Trasse would be further up the slope and flow into the new residential area at Faistweg and the chapel. Frei was hoping for at least one feasibility study.
Both building authority manager Christian Fürstberger and mayor Ingo Mehner saw no improvement in the new variant compared to the previous routes. Fürstberger assessed them as even more expensive and feared above all a strict no from the road construction office. The route would have to be connected to the state road at the foot of the Friedhofsberg. “They won’t agree.”
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For his part, Fürstberger again pleaded for what he saw as the most sensible solution, namely access via the hot road. The residents would “not even notice” the forecast 210 more vehicle movements. The traffic management also came across Anton Mayer (CSU). He advocated an access road from the north (i.e. from the courtyard side). Then future housing development in the city would also be taken into account. Fürstberger ruled out that further areas could be built on in the sloping terrain towards the Zwickerhof. Ingo Mehner added that the danger of a legal dispute would be increased considerably by a north route. Soil sealing would be extreme “and that is an important issue today”.
Peter von der Wippel (FWG) thought neither of the Frei variant nor of the north route. That only costs time and money. Apart from the fact that Tölz will not develop any further at this point. Von der Wippel and Michael Lindmair (FWG) recalled the popular initiative “Save the bees”. Those who have agreed cannot now vote with a clear conscience for road variants that require an extremely large amount of space. Lindmair also pointed out “that we had already instructed the administration in July not to examine any further variants”. So you shouldn’t blame her for having followed this order.
Criticism of the expedited procedure
The development plan Hintersberg 2 was created in an accelerated process according to Paragraph 13b in order to be able to create living space as soon as possible. For Filiz Cetin (SPD) this relatively new instrument was the starting point of their criticism. The district office had also expressed doubts as to whether the new residential area would really be linked to an existing settlement area, namely Hintersberg 1. Cetin found the city’s approach “courageous”, but was convinced that “the development plan is on shaky ground”. “Development plans are always shaky stories these days,” said Fürstberger in his philosophical answer.
During the vote, a new feasibility study for a Friedhofsberg route was only supported by Gabriele Frei, Anton Mayer, Matthias Winter (all CSU) and Johannes Gundermann, Richard Hoch, Moritz Saumweber (all Greens) and Filiz Cetin (SPD). With the opposing votes of Anton Mayer, Frei and Gundermann, the 22: 3 constitutional resolution for the development plan was then passed.
Also read: Hintersberg building area: The road would seal a lot
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