Court ruling

Building permit is “gone”

Following a decision by the regional administrative court, there are no new neighbors for Tamdhu for the time being.

(Bild: Carina Fenz)

"Tamdhu landlady" prevails after three years of legal dispute. Provincial administrative court brings "high-rise project" of the Neue Eisenstädter Siedlungsgenossenschaft back to the starting line.

The Burgenland Provincial Administrative Court has now made a landmark decision in a muddled case in Oberwart. Pub owner Carmen Weyse has been fighting for three and a half years against a multi-storey building project by the Neue Eisenstädter Siedlungsgenossenschaft, which acquired a plot of land from the Chamber of Commerce and wanted to build apartments on it. As a direct neighbor, she fears a conflict situation between her nightclub and the future tenants.

Official misconduct was in the air
After a negotiated compromise in the form of a metre-high noise barrier actually settled the dispute with the cooperative last year, decisions by the mayor and the local council over the past few months have reignited the issue. Specifically, it was about a series of misconduct by the authorities when issuing the building permit, which the landlady was not prepared to simply ignore and ultimately even took the matter to the Burgenland Provincial Administrative Court.

Finding of the regional court confirms pub owner
The pub owner's persistence was successful, as it now turns out. The court's decision states that her appeal was upheld and the contested decision by the Oberwart municipal council as the building authority was amended in the second instance to the effect that Weyse's appeal was upheld and the mayor's decision was revoked without replacement.

Building project withdrawn
However, there are rumors that Neue Eisenstädter has withdrawn its building application for the project due to Weyse's appeal to the regional administrative court.

Chamber of Commerce shows interest in property
It remains to be seen what will happen with the property. What is exciting, however, is that the Chamber of Commerce has expressed great interest in using the site for itself again, as Chamber Director Harald Schermann confirms: "There are concrete plans to upgrade the Oberwart site. In addition to renovating the building, we are also looking at the option of using the space sold to Neue Eisenstädter." The next meeting will take place today, Tuesday.