Residents fail in court: 120 new apartments in Bremen are allowed to come!

Residents fail in court: 120 new apartments in Bremen are allowed to come!

Vahr, Bremen, Deutschland - in Bremen is a controversial construction project in the Vahr now preserved green light. 120 new residential units are planned, which are to be built between Konrad-Adenauer-Allee, the East Prussian Straße and an allotment garden. Although residents have loudly protested the plans, the Bremen Higher Administrative Court has rejected a standard control application against the development plan. As Kreiszeitung , no revision was assigned.

The legal dispute was initiated by property owners and a tenant of a nearby allotment garden parcel. They had pointed out to nature, climate and species protection law weighing defects as well as unreasonable impairments, for example with regard to access, parking spaces, traffic noise and surface drainage. Despite these concerns, the court found that all relevant aspects were adequately determined and weighed up.

judicial disputes

City citizenship had already decided on July 5, 2022, but a first application for standards control led to its ineffectiveness on December 1, 2022, since investigative errors were made. After a healing process, the plan was again announced on July 5, 2024. The effects on the environment and the neighbors were also examined. An investigation of alternative nest locations for a brooding sparrow pair in the planning area was also part of the consideration.

as well as Juracademy , the standard control application according to Section 47 (1) No. 1 VwGO is the stubborn action against development plans. In this way, participants can ensure that their concerns mentioned have been adequately taken into account.

implementation of the construction plans

With the judicial clarifications in the back, the city was able to continue with the implementation of the project. The development plan is now considered final, and the city has undertaken to compensate for the clearing of 1.5 hectares of forest with replacement plantings. This means that nature should not only be damaged, but also regenerated again. In addition, the weighing up between an "car" quartier and the access to the allotment area was rated as legal error.

The judgment shows how significant the legal framework of building plan law is. A standard control not only checks the formal requirements, but also the material aspects of a development plan. As Jura individually emphasized, in particular aspects such as necessity, permissible stipulations and the weighing-up requirement of central importance, in order to make the legality of building projects ensure.