Goldgasse construction project

Stage victory for investor in controversial project

This forecourt is to be redesigned. It is owned by the municipality and is a bone of contention in the disputed "Goldgasse" project.

(Bild: Hilzensauer)

Things got really heated at the special meeting of Hallein's municipal council: the opposition, which had the meeting called without further ado, ultimately withdrew in unison. In the end, the developer triumphed and the initiative showed fighting spirit.

High litigation risk, high financial risk, impending claims for damages and lengthy legal disputes: The content of a legal opinion - commissioned by the town of Hallein - caused an uproar at a special meeting of the municipal council yesterday.

Part of a controversial construction project
Briefly explained: For the controversial construction of ten new apartments on a private property in Hallein's old town (Goldgasse), the local heritage protection commission (OBS) recommended that a forecourt and staircase be redesigned. To do this, a concrete staircase from the 1960s would have to be demolished and relocated, and parts of a wall would also have to be sacrificed - neither of which is a listed building.

Parties in trouble
This forecourt and the staircase are owned by the municipality. The developer is to redesign this area on the recommendation of the OBS. This requires an agreement under private law between the municipality and the developer - and the approval of the municipal council.

The legal analysis suggests that the city of Hallein could be obliged to approve the special use due to the fiscal validity of fundamental rights.

Aus dem Gutachten von Niederhuber Rechtsanwälte

All of Hallein's political parties declared before this year's election that they would vote against such an agreement, most of them with the addition: if it is legally possible.

Opposition avoids voting
According to the city, a new expert opinion from the law firm Niederhuber und Partner states: "The legal analysis suggests that the city of Hallein could be obliged to approve the special use due to the fiscal applicability of fundamental rights." The municipality must adhere to the principle of equal treatment and cannot make arbitrary decisions, even in matters of private law - because in a large number of former projects, developers were allowed to carry out comparable measures on municipal land. The municipality would bear high legal and financial risks in the event of a negative vote. Civil law consequences were raised for the voting mandataries in the event of a negative resolution. 

The opposition, consisting of the ÖVP, FPÖ, Greens, KPÖ and Bürgerliste, then withdrew from the vote.

In the end, the remaining 15 SPÖ MPs voted in favor: The stairs may be relocated and the square may be redesigned. A small victory for the developer.

This sent the residents' initiative into a rage. The outrage was palpable in the heckling during the meeting and did not subside afterwards. "We'll keep fighting," said one supporter of the initiative.