ᐅ Floor Plan of a Narrow, Rectangular L-Shaped House on a Triangular Plot with an Oak Tree

Created on: 4 Nov 2018 10:54
O
Oakland
Hello everyone!

We have purchased a triangular plot of land. As if that weren’t complicated enough, there is also a large oak tree that must be considered during the planning. In our initial considerations, it quickly became clear that the floor plan will have an L-shape.

Does anyone here have experience with this type of plot and a correspondingly shaped floor plan? What additional information is needed to get meaningful advice?

Best regards
11ant21 Dec 2018 18:00
kaho674 schrieb:
I think I would sue.

I probably would too, but publicly. Something like: 113 trees next door, well, okay, but now make an example of my one. A government official certainly can't say out loud the argument "million-dollar project."
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E
Escroda
21 Dec 2018 18:25
11ant schrieb:
... but on my ...

It’s not his. It is located on public land. This could be relevant for obtaining public approval.
Oakland schrieb:
1.20 m (4 feet) approved in the preliminary building permit

Show us what was approved. Maybe the floor plan experts here can come up with an acceptable redesign for you based on that. Or at least raise questions that you can still ask the building service or your neighbor.
And if, after all compromises, the final floor plan can only keep a distance of one or half a meter (about 1.5 feet) to the tree, the architect should be able to convince the environmental authority of the proposed solution with smart, detailed explanations.
M
Mottenhausen
21 Dec 2018 22:09
It has now been demonstrated several times that the plot can be built on with a temporary solution. The 30cm (12 inches) reduction in the setback radius does not make any significant difference. What is needed now is a capable and creative architect who can draft a few different options. Either one of the designs will be suitable, or it won’t. If not, then selling the plot and continuing the search is the best course of action.

One thing must not be forgotten: you plan to live there for a lifetime. However, you shouldn’t spend your entire life frustrated, especially since building a house consumes a large part of your lifetime human capital.
O
Oakland
22 Dec 2018 09:56
You can download the application form to cut down or trim protected trees.

Should I try this and invoke the expropriative effect? Or is this argument only useful in court? In short: Is it possible to appeal the rejection of this application?

Or do I first have to submit a building permit / planning permission application without the tree or with a reduced protection distance, and then appeal the rejection notice?
kaho67422 Dec 2018 11:41
Has the previous owner already tried something similar? I would check that first.
11ant22 Dec 2018 14:26
Oakland schrieb:
Or do I first have to submit a building permit application without the tree or with a reduced protection distance, in order to then have the right to appeal the rejection?

That would be highly pointless: if the tree remains protected and opposes the construction project, the rejection of the building permit would be justified.
Oakland schrieb:
Here you can download the application to fell or prune protected trees:
[ Link ] Should I try this and refer to the expropriating effect? Or would this argument only carry weight in court? In short: is it possible to appeal the rejection of this application?

You need legal advice on when to best use the argument of expropriating effect. If it is not included in the initial tree-felling application, it cannot be challenged or used as a reason for rejection. In any case, a decision is an administrative act and can be contested before an administrative court. Violations of principles such as equal treatment or binding discretion would also be valid grounds for appeal. However, I am expressing my personal opinion here; business consultants do not provide legal advice.
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