Two common ash trees over 100 years old are living up to their name in the town of Andernach. Because of them, an owner is not allowed to build a detached house on his adjacent property. This was recently decided by the Koblenz Administrative Court (1 K 1047/21.KO). The reason for this is that the common ash trees are listed as a natural monument.
The Koblenz Administrative Court stated: "The designation of a plot of land as a private green space in the development plan of the town of Andernach is effective and prevents the granting of a development permit for the construction of a detached house." The planned detached house was to be accessed via the pedestrian and cycle path along which the two common ash trees are located.
The fact that the Andernach town council gave priority to the protection of the natural monument over the private property rights of the plaintiff was not legally objectionable. The high weighting of this environmental protection concern is in line with the requirements of nature conservation law. However, the owner is not satisfied with the decision. The case therefore ends up before the Rhineland-Palatinate Higher Administrative Court.
Source: vgko.justiz.rlp.de/1 K 1047/21.KO
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