If a judgment is spoken, the case could be closed, at least for the current instance. The conversion of the Söllbachaualm near Bad Wiessee to a Tegernsee excursion destination called “Saurüsselam” could also occupy another instance. But at least the administrative court in Munich gave its predominantly affirmative verdict a few weeks ago. It just hasn’t written enough yet. And so, in almost half of the district of Miesbach, people are waiting for the written reasons for the judgment – specifically in the “Egarten landscape around Miesbach”, in “Schliersee and the surrounding area”, on the “Spitzingsee and the surrounding area”, on the “Tegernsee and the surrounding area”, in the “Obersten Leitzachtal and surroundings near Bayrischzell” and in the “Weissachtal”. That is the name of the six landscape protection areas that are generally expected to become obsolete with the reasoning of the judgment.
The court actually only judged the conversion of the Alm. However, the protection of the landscape was also discussed, in this case on “Tegernsee and the surrounding area”. Like the five others, this protected area dates back to 1955, and since then the Miesbach district office has evidently had enough opportunity to lose the associated maps. It had to bring out the ordinances often enough, because they provide for a nationwide building ban for the protected areas. And because there was always going to be construction somewhere, the office and district council had to tinker with the areas again and again. However, in 2019 a judge explained to the district office in another case that the protected areas could be invalid without the maps. And when it came to Saurüssel, it was said that such a comprehensive building ban would hardly be tenable anyway.
In the district office, one could almost be relieved that the protected areas might also be obsolete and not just because of one’s own sloppiness. And fewer exceptions would have to be made if the protected areas did not apply at all. But how exactly this is exactly was recently unclear in Schliersee, for example, where they have once again put a larger hotel project near Neuhaus on the back burner. The Miesbach district council has at least recently committed itself to landscape protection. He wants to adopt legally valid regulations as soon as possible.