Municipality will "legally heal" development plan for I-Park
Higher Administrative Court had found ineffectiveness // No effects on building permits already granted
Bocholt. The city of Bocholt and the Bocholt Economic Development Agency (Wirtschaftsförderung Bocholt) are giving priority to the acquisition of new industrial sites for the establishment of new companies and the expansion of existing ones in order to strengthen Bocholt as a business location. For this reason, as is well known, the Bocholt Industrial Park has been undergoing expansion for some time.
Despite the careful preparation of development plans by the city of Bocholt, the city is not immune to legal challenges to public-law development plans. This was the case with the development plan 8-21, where a so-called standards control procedure was initiated on the basis of a complaint. The court examines the legal norm on which the extension is based.
After examination, the Münster Higher Administrative Court has now declared the development plan 8-21 invalid. The court criticised a provision on outdoor workplaces in the area of the property in the immediate vicinity of the B 67 trunk road. The city of Bocholt Bocholt nevertheless considers this defect, which was named by the court, to be legally "curable". Immediately after the written reasons for the judgement have been presented and discussed in the next building committee, the city administration will arrange for the B-plan to be "cured" so that the plan can then be adopted again promptly, by the end of the year.
The ruling has no direct impact on building projects that have already been approved. Subject to a legally "healed" B-Plan 8-21, the further marketing of land could proceed. The City of Bocholt and the Economic Development Department are still in close bilateral talks with interested companies.
In this context, the city of Bocholt attaches importance to the statement that all objections and points of criticism raised by the plaintiff in the context of the standard control procedure were not criticised or rejected by the court.