Outdoor Home Construction Ordered for Immediate Demolition by Building Authority
In a recent development, a local farmer's dispute over a building permit for an annex on his farm has been ruled unfounded by the responsible regional court. The farmer, who cultivates over 200 hectares of land for the production of corn, sugar beets, and grain, had planned to move to the farm after renovating the old house and expanding the residential building.
However, the government office rejected the farmer's objection to the district office's refusal of the building permit. The office stated that there is no sufficient operational purpose for the project, as the farm already has two apartments that meet the housing needs of the farm operator and his successor.
The planned house should be classified as an ordinary project and is thus impermissible under building regulations. The district office refused the building permit due to concerns about creating a scattered settlement, impairing public interests, and setting a negative precedent.
The disputed annex, if completed, would have two residential units on each floor. The old house on the farm has a living area of 248.6 m² and two residential units. The disputed building plot is located in an area without a building plan and borders undeveloped open space.
The farmer filed another objection to the decision, stating that the municipality had given its consent. However, the court must adhere to the precise legal and procedural requirements relevant to the building permit application. This includes thorough examination of compliance with the local zoning plan and planning goals.
The project is not legally permissible in terms of planning, as it contradicts the representations of the land use plan. The building permit would only be issued if there are no public-law regulations that the building authority has to check standing in the way of the permit-required project.
The district office ordered the cessation of construction work on the annex and later rejected the farmer's building application. The court found the lawsuit to be unfounded, deeming the decisions of the district office and the government office lawful.
Despite the privileged nature of the project, contrary to the farmer's claim, due to the farmer's need for constant presence and readiness on the farm premises, the project is not privileged as it impinges on public interests. The operation already has two apartments that meet the housing needs of the farm operator and his successor, rendering the expansion unnecessary.
In conclusion, the court's decision upholds the government office's rejection of the building permit for the annex on the farm, citing planning and public interest concerns. The farmer's objections to the decision have been deemed unfounded.
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