In a residential area in Saxony-Anhalt, the building that housed a youth welfare office until 2016 was to be converted into a residential building. The apartments to be built there were to be rented out from 2019. In addition, 26 parking spaces were to be created in the inner courtyard of the building complex. The owner had a building permit for the construction measures. The owner of the neighboring property filed a complaint against the approval for the construction of the parking spaces and also applied for urgent legal protection. From his point of view, an increased and unacceptable noise level was to be expected.
The action brought by the owner of the neighboring property was successful before the Halle Administrative Court (AZ 2 M 71/20). The Administrative Court agreed with the plaintiff that the approval for the construction of the parking spaces was unlawful. This was because the 26 parking spaces were likely to increase noise and exhaust emissions. According to Section 15 (1) Sentence 2 BauNVO, this violated the neighbor-protecting requirement of consideration. The property owner of the former youth welfare office filed an appeal against the decision of the Administrative Court.
In contrast to the VwG, the Higher Administrative Court (OVG) of Saxony-Anhalt ruled that the approval for the construction of the parking spaces was lawful. In addition, the OVG saw no reason for the plaintiff's consent to urgent legal protection. The OVG ruled that there was neither a violation of the neighbor-protecting requirement of consideration nor was the noise and exhaust gas development unreasonable. The OVG based its decision on the fact that vehicles had already been parked in the courtyard of the building complex in the past. In addition, there are numerous parking facilities in the entire street district, so that the residents of the residential area can be expected to tolerate the noise pollution caused by arriving and departing cars.
Source: OVG Saxony-Anhalt
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