Every Interest Weighed

When a German municipality draws up a development plan, it must weigh the public and private interests that matter for the plan “gegeneinander und untereinander gerecht”, fairly against each other and among each other. This is the rule of § 1 (7) of the Federal Building Code.

In 2021 the Bavarian Administrative Court reviewed a development plan for the northern edge of a village. A neighbor objected to how the plan dealt with noise from a brewery, the distance to a biogas plant, a second access road and the drainage of rainwater. The court upheld the plan, because noise and odors had been investigated and weighed.

The court explained when such a plan fails. It fails when no weighing takes place at all, or when something is left out that should have been included.

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