How to annoy neighbors

Grobkrotzenburg: New discussion about the medical center

Parking lots cause trouble, construction work starts before permission is granted

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  • Author Christine Semmler

Nothing seems to stand in the way of the start of construction of the medical center at the beginning of February. Finally, the municipal council has decided that the 22 missing parking spaces, which are necessary to get a building permit, will be built on a municipally owned property if necessary (we reported). Nevertheless the tendency boils up.

Point of contention is, among other things, the current contract with the developer Medzentrum Grobkrotzenburg GmbH, which was hastily decided in parliament for many.

The municipality is under pressure: Finally, the construction companies are ordered for the beginning of February, the contracts with the doctors are made. And the building permit must come as soon as possible, so as not to jeopardize the project and thus the medical care in the village.

Building burden on the area of the Oberwaldstadion

The contract itself provides that the municipality registers a building charge on the area of the upper forest stadium and commits itself thereby to build 22 parking lots, if the developer of the medical center does not fulfill this task as promised. The Medzentrum GmbH undertakes to compensate the costs. A redemption sum for the parking spaces had rejected the municipality at the time, so mayor Thorsten Bauroth (parteilos), because the fixed amount would not have compensated the costs for the municipality.

Apparently, three versions of the contract were drawn up last week in order to reach an agreement with the developer. This is how Bauroth reports it. In the versions it had been about the legal security of the municipality, if the private partner does not keep its promise to buy land within two years and to establish 22 parking lots itself.

Bauroth explains that the developer has refused a guarantee, a contractual penalty and liquidated damages. Only in the formulation "penalty promise with default" after paragraph 340 of the civil code the municipal committee had become finally united with the Medzentrum GmbH. This last version of Friday morning was then voted on only a few hours later in the municipal council.

"Planning not driven forward with enough energy"

SPD spokesman Uwe Bretthauer criticizes in the aftermath that neither the mayor, who is himself a lawyer, nor his administration had been able to make a quorum proposal. Legal security had brought only the last draft, which came from the lawyer Erich Fischer (CDU).

Moreover, the investor and the municipality have not pushed the plans forward with enough energy, Bretthauer said. The start of construction of the medical center had been repeatedly postponed and was last scheduled for November 2021. Bretthauer explains, announced dates were not questioned in the city hall, accompanying work was not settled. That finally "for the permission of the building application suddenly parking lots should be missing", had surprised the local representatives. After all, the number of parking spaces needed has been known for a long time.

Michael Schafer, speaker of the initiative future-secure Grobkrotzenburg, which stands opposite the hastily drafted contract closed rejecting, explains that the parliamentary group did not want to prevent the building of the medical center in any case. "But that we are forced to make a decision head over heels due to the lack of time is an outrage."

In his eyes, the discussion, which in fact took place in a 20-minute interruption of the parliamentary session, should have been more intensive. The time for a special session, he says, could well have been granted. "You have the time, after all, if the weather delays the construction work."

Actually, Schafer reports, the entire group had discussed in advance to reject the contract. Because the legal security of the municipality, according to Schafer, stands in her opinion "on clay feet". If the developer gets into financial difficulties, the municipality is left with the cost of parking spaces. Nevertheless, most of the group members had decided to abstain in the vote itself – perhaps also due to the insistent request of the Christian Democrats not to jeopardize the project because of 22 parking spaces.

Neighbors are ready for sale

Mayor Bauroth is confident that Medzentrum GmbH will fulfill its promise and that the purchase of adjacent properties will be successful. "Two neighbors are quite willing to sell," he says. But he apparently also calculates a breach of contract. The municipality, the city hall chief said, was planning to build parking lots on the stadium site anyway. Partial financing by the sponsor of the medical center would be helpful to the community.

In the discussion, Detlef Protzmann (non-party), who is running for mayor in the March election, also speaks up. He contrasts the current developments with a private house construction: "If someone builds a house, then he has to deal with the legally required parking spaces as part of his construction planning," he writes. This was probably not done properly in the planning of the medical center. You might get the impression that maximizing profits at the expense of the community could have been intended with as much space as possible.

Double standards?

Protzmann also criticizes the fact that the excavator is already rolling, although no building permit has been issued yet. "I wonder what would happen if you, as a private citizen, open up your purchased property with excavators, tear out all the trees and there is no building permit yet? Is there a double standard here?"

The building preparation of the area, explains mayor Bauroth however, is permitted to the carrier also with missing building permission, also because there were no conditions on the part of the lower nature protection authority. The owner does not want to express itself at present to the discussion, communicates spokeswoman Andrea Ulrich on inquiry. The project developer company Ideenwelt Gesundheitsmarkt (IWG) announces that it will shortly comment in detail on the issue. (Christine Semmler)

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