The court declares the development plan at the Humboldthafen to be ineffective

by time news

Berlin – The development plan for the area around the Humboldthafen at the main train station in Mitte has to be redrawn. The Senate Department for Urban Development announced on Wednesday. The reason: The Higher Administrative Court of Berlin-Brandenburg declared the previous development plan to be ineffective in a judgment of June 24th (OVG 2 A 28.17). A press release on this was not issued by the OVG. That is why the case only became known when the Senate Department for Urban Development informed about the new planning.

The development plan from 2016, which was declared ineffective, had regulated the northern peripheral development of the Humboldhafen. CA Immo, which owns a lot of land at the main train station, had filed a lawsuit against the development plan – fearing that the construction of a 103-meter high-rise planned by it on Europaplatz could be in jeopardy. As a justification, according to the OVG judgment, CA Immo stated that the permissible spacing between the high-rise building and the port area had been “shortened” in the development plan without there being sufficient consideration.

Building law for high-rise buildings endangered

Since the skyscraper is not yet allowed to be built, it is likely that the port will be built first. If the skyscraper was to be built afterwards, the owners of the port development could point out the insufficient spacing. This “endangers” the building rights for the CA Immo high-rise. In addition, there was an error in the announcement about the interpretation of the development plan. It was made with the indication that comments could be submitted “on site or online”. This gave the impression that written statements sent by post or fax were inadmissible.

The Higher Administrative Court followed CA Immo’s reasoning. This can assert that conflicts due to the reduced distance should be avoided and the implementation of their own, older building law “must remain safe”. The reference to public participation was also “not properly issued”.

Land for re-planning owned

The urban development administration stated on Wednesday that the area of ​​the harbor development, in which the conflicts with the spacing areas, in the opinion of the court, had not been resolved, would now be rescheduled. “Different development opportunities for the property are currently being investigated,” says authority spokeswoman Katrin Dietl. All of the land in question is owned by the State of Berlin, so “no investor is affected by any possible rescheduling”.

When asked why the OVG had not published a press release on the judgment of June 24th, a court spokeswoman said: She could “no longer say this at this point in time”.

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