The district office in Miesbach has now written what had already become apparent during the oral hearing in mid-June: Six landscape protection areas, which together cover large parts of the district, are illegal according to the Munich Administrative Court. This emerges from the written justification for the judgment that the court pronounced in June on the conversion of the Söllbachaualm near Bad Wiessee into a new alpine pasture called Saurüsselalm.
The court largely approved this conversion, which was heavily criticized by some nature conservation associations, and thus dismissed a lawsuit by the Association for the Protection of the Mountain World. The court only banned the 15 evening events per year, including the shuttle bus service, which were also approved by the district office. At the same time, the administrative court declared the landscape protection area “Tegernsee and surroundings” to be invalid and gave two reasons for this: On the one hand, the district office lost the original maps from the 1950s, which is why the area is no longer precisely defined. On the other hand, the ordinance contains an absolute ban on building in the protected area, which, according to the court ruling, violates the principle of proportionality. Both points also apply to five out of ten other protected areas in the district.
So far, construction projects in Miesbach have always been managed by cutting the affected areas out of the respective protected area by resolution of the district councils. After a judge had pointed out the missing maps in another case in 2019, the district office tried to have the areas redefined on the basis of more recent map copies. However, the cards were again missing from the minutes of the meeting. Now the patchwork should come to an end and the protection of the landscape should be put on a solid footing.
The Saurüsselalm, which has been in operation since autumn, remains controversial despite the judgment that is now available in writing. The Association for the Protection of the Mountain World attaches fundamental importance to the case. He is considering an appeal and now has four weeks to do so.