On the compatibility of residential development and genetic engineering research institute

Dr. Petra Kauch

The Higher Administrative Court of Lüneburg had to decide, within the framework of a review of legal provisions, whether it is permissible under planning law for a municipality to plan a research and production center for animal vaccines close to existing residential buildings by means of a special area (case number: 1 KN 28/10).
In the proceedings, a local resident, whose property was located 75 m from the planned site and 592 m from the building boundary of the research center, filed a lawsuit against the municipality's plan.
The Lüneburg Higher Administrative Court found the development plan to be formally and substantively legal. A special "science and research" area for an animal vaccine center is permissible even near residential buildings. The preparation of such a plan, in particular, does not violate the separation requirement and the requirement for planning conflict resolution with regard to pathogens. To assess whether the plan is necessary due to a violation of the requirement for spatial distancing from hazardous-area operations, the specific plan lacks an operational description. This point can therefore only be examined in detail during the approval process. The Higher Administrative Court also found no errors in the balancing of interests. In particular, the planning municipality recognized the conflicts of use between residential development and the animal husbandry facility and attempted to resolve odor and noise emissions through planning regulations. In this respect, the conflicts arising from emissions control law were properly addressed.

This publication can also be found on the website of the law firm Dr. Kauch .

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