"Construction law should comprise potential solutions for conflict situations which can be applied already in the planning phase"
MRin Dr. Evi Vogel, Head of Division 73 of the Bavarian State Ministry for Environment and Consumer Protection, opened the two-day expert meeting with nearly 100 participants and speakers which took place in the Haus der Bayerischen Wirtschaft on 27th/28th March 2019.
The participants from authorities, municipalities, plant operators and consulting companies met for the 10th time for an intensive professional exchange on the current state of immission control in planning and authorization practice with practice-related lectures on the occasion of the Müller-BBM expert discussions.
Dr. Evi Vogel used her welcoming speech to raise the participants’ awareness of environmental concerns. With regard to the expert meeting and its subjects of urban development, urban land-use planning, possible conflict situations, inner urban development and noise quotas as well as sound insulation in buildings she addressed the current conflict situation between construction law and environmental law in view of the corresponding legal regulations. As a cause for thought and with regard to the new joint working group which is to be formed upon request of the conferences of the construction ministers and the environmental ministers, she said: “As the spreading residential areas may be a cause for conflicts, construction law should comprise solutions which can be applied already in the planning phase and not only as a remedial measure after construction.” An exclusive adjustment of the regulations on immission control, in particular the Technical Instructions on Noise Control (TA Lärm), do not meet the requirements on liveable residential areas.
In the dialogue forum of the expert discussions with twelve specialist lectures and various discussions, among other things with the participation of Philine Stadtmüller (City of Munich), Dietmar Sandler (bgsm Architekten), Dr. Gerhard Spieß (Döring Spieß Rechtsanwälte), Dr. Rainard Menke (Dolde & Mayen Partner Rechtsanwälte), Dr. Gunther Matthäus (Detzel & Matthäus), Dr. Martin Spieler (Andrea Versteyl Rechtsanwälte), Anja Behnke (Federal Ministry for the Environment, Nature Conservation and Nuclear Safety), Martin Engelmann (Rechtsanwälte Messerschmidt, Dr. Niedermeier und Partner), Dr. Angela Schlutow (ÖKO-DATA) and Volker Kummer (Hessian State Office for Nature Conservation, Environment and Geology), the participants were informed about current subjects of immission control as well as future changes.
The next Müller-BBM expert discussions will take place in Berlin on 17th/18th September 2019.