Amtsgericht Aachen

Zoning was too vague with regard to noise. (c) 2010 lawyers mth Tieben & partner Cologne VG Aachen, 05.10.2010, AZ.: 3 K 605/10 you must the issuance of building permits to its neighbors not contradictory accept. Outside of court, one can proceed against the construction permit with the opposition and judicially the annulment. Both the opposition and the application for annulment is however to note that these remedies in accordance with article 212a BauGB which has no suspensive effect. The suspensive effect is a concept of administrative law and means that the administrative act (building permit) still not can be performed, until (opposition/appeal proceedings) if the appeal has been decided upon. izon.

Accordingly, the third party must will he proceed in urgent proceedings against the building permit, pursuant to 80a para 4 vwgo provides that additionally apply for a suspension of enforcement. Special caution should be even, if the neighbor has received a zoning by the Building Authority. Already before the Submitting a building application the client can make a written request for a preliminary ruling (the preliminary inquiry of construction of) namely. Then the Building Authority in writing shall be adopted by a so-called notice (cf. 71 BauO NRW). This zoning has so-called binding effect, i.e. that the construction law authority is then the content bound in granting the building permit on the issues determined in the notice.

This binding effect occurs to the neighbors so that this must already submit opposition or legal challenge to it following the granting of the construction vorbescheides infringing the neighboring protective standards. He does not, later granted planning permission on those issues that already have been decided in the zoning can be no longer attacked. The Amtsgericht Aachen in terms of construction vorbescheides for a change of use of a former cinema house in a now had a similar case to decide shipping single site or integration Center in the above judgment. For more information: de/news/item/84

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