During construction work on a two-story apartment building with garage and parking spaces in the Frankenforst district of Bergisch Gladbach, the developer of the project is being sued by a neighbor with an urgent application (AZ 2 L 2613/19). The neighbor demands the termination of the construction work. As a reason for his complaint, he states that the planned object would be about five meters higher than his house and would have an "oppressive effect" due to its height. It should be noted that there is no development plan for the area.
The Administrative Court (VG) of Cologne rejects the urgent application and is of the opinion that an "oppressive effect" is excluded in the case of the present building project. This would be the case if the legally prescribed distance areas were not observed or the so-called requirement of consideration was violated. In areas without a development plan, construction is only permitted if the building project fits in with the existing development, which is the case here, according to the Cologne Administrative Court.
The adjacent properties are also built on with single-family and multi-family houses with one and several floors. Thus, the building project fits adequately into the existing development. In order to be able to protect residents from building regulations such as these, the city administration would have to regulate specific building regulations in a development plan.
Source: VG Cologne
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