BVerwG gives the go-ahead for BreuningerLAND

 

The Federal Administrative Court has given the go-ahead for the extension of the shopping center Breuningerland Sindelfingen with its decision of 24.10.2018 (Az BVerwG 4 B 15.18) and rejected the non-admission complaint of the city Böblingen against the judgment of the Administrative Court Baden-Württemberg of 07.11.2017. It thus follows the view of the VGH Baden-Württemberg, according to which the preliminary construction decision of the city of Sindelfingen for the expansion of the shopping center in accordance with the relevant building regulations; The restrictions of the zoning plan restricting the retail trade could not be countered by the project, as this is itself ineffective. At the same time, the Federal Administrative Court clarifies that the neighboring municipality has no right of defense against a large-scale retail trade project in the unscheduled interior area if the conditions laid down in § 34 BauGB (especially § 34 (3) BauGB) are observed.

With its decision, the Federal Administrative Court now closes a case after six years that has been followed with great attention beyond the borders of the Stuttgart region. "We are very pleased that our client has finally planning certainty - and of course it pleases us as lawyers that the courts have ultimately confirmed our legal opinion," says Dr. Torsten Gerhard, who represented Breuninger before the VGH Baden-Württemberg and the Federal Administrative Court.

 

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