"Protection of housing from conversion into vacation apartments in Warnemünde" declared partially invalid. The purpose of this development plan was to ensure that the permanent apartments were retained and that no new vacation apartments were built.
The OVG Greifswald considered the stipulations for some unauthorized vacation apartments in the general residential area to be too vague and therefore invalid. In addition, the city of Rostock based its decision on an ineffective conservation statute, so that the consideration with regard to two of the designated special areas was also classified as a significant lack of consideration. Furthermore, the OVG Greifswald pointed out to the Hanseatic City of Rostock that it had been "lucky" with regard to the other formal and material defects in the development plan complained of by the applicants, as the applicants had complained of these defects too late and were therefore irrelevant for the judicial review.
The OVG Greifswald considered the disputed designation of a general residential area without a designation for the protection of certain vacation apartments (WA 3) to be effective. This could also exist without the regulations deemed invalid.
If you own a previously unapproved vacation apartment in one of the WA 1, WA 2, SO 3 or SO 4 building zones, please call us for advice.