A meadow orchard in Berlin-Johannisthal/Adlershof must make way for a school building. This was decided by the Berlin Administrative Court (VG 24 L 36/23). In the case in question, a community school is to be built on a plot of land of around 3.5 hectares, on which there is currently a meadow orchard.
According to the Federal Nature Conservation Act, meadow orchards are protected biotopes that may not be destroyed. However, the Treptow-Köpenick district office granted the housing company an exemption from this ban. A nature conservation association filed an urgent appeal against this with the Berlin Administrative Court. Without success.
According to the Berlin Administrative Court, such a ban can be lifted if it is in the public interest. This is the case here, because the construction of the community school from the school year 2025/26 can meet the expected demand for school places. There is also no alternative area for school construction. However, the decision can still be appealed to the Higher Administrative Court of Berlin-Brandenburg.
Source: berlin.de/VG 24 L 36/23
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