Outdoor Homebuilder Faces Instant Demolition Order from Authorities
Farming Dispute Over Building Extension Resolution Unclear
A long-standing dispute between a farmer and local authorities over the construction of a residential extension on a disputed plot has taken another turn, with the latest judicial decision not explicitly detailed in available search results.
The farmer, who is also the managing director of the agricultural operation, has erected a massive extension to the existing residential building on the plot, despite an order from the district office to cease construction. The building houses the farmer's parents on the ground floor, his sister with her family on the upper floor, and a permanently employed worker in a small apartment on the ground floor.
The farmer lodged an appeal against the district office's decision to reject his application for a building permit for the construction of the extension, arguing that the municipality had given its consent to the project. However, the local court deemed the lawsuit unfounded, stating that the decisions of the district administration and the government office are lawful and do not violate the farmer's rights.
The court notes that the planning regulations are the sole point of contention in this case. A building permit would only be issued if there are no public-law regulations that the building authority has to check contradicting the permit-required project. The planned house is to be classified as an ordinary project and, as such, is impermissible under building regulations due to the need for constant presence and readiness on the farmstead as dictated by the specific operations of an agricultural enterprise.
The farmer initially withdrew his appeal against the district office's order to demolish the already erected extension. However, he has since filed a lawsuit against the government office's rejection of his building permit application for an expansion of his residential building. The project contradicts the representations of the land use plan, and the disputed building plot is located in an area without a building plan, bordering undeveloped open space and agricultural structures.
The operation already has a total of two apartments, which at least meet the housing needs of the farm operator and his successor. The court explains that the building project in dispute is not privileged and impinges on public interests. The issuance or refusal of consent is neither an administrative act towards the building authority nor towards the applicant for the building permit.
The last judicial decision regarding the farmer's construction project is not explicitly detailed in the available search results. However, it is noted that the Genossenschaftsversammlung (cooperative assembly) approved the construction project at the end of June, implying that legal hurdles, possibly including court decisions, were cleared by then.
The farm, which cultivates over 200 ha of arable land for the cultivation of corn, sugar beets, and grain, is run as a civil law partnership by the farmer, his sister, and their father. The dispute continues, with both parties awaiting a resolution to the ongoing legal battle.
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