Dispute in Hinterstoder

Campsite opponent is once again turned down in court

Construction work on the major project in Hinterstoder has been underway since last summer.(Bild: © Haijes)

A luxury camping resort has been under construction in Hinterstoder since last summer. A neighbor is taking legal action against it. His complaint has already been rejected once by the provincial administrative court. The Supreme Court reversed the decision - but now the neighbor has failed a second time.

A campsite with a year-round restaurant, which is to comprise two buildings, 85 pitches for motorhomes and tents and 55 car parking spaces: Since last summer, an eight-million-euro project has been under construction on the site of the former Peham villa on the outskirts of Hinterstoder. The Provincial Administrative Court (LVwG) had previously dismissed a neighbor's complaint as unfounded.

Constitutional Court overturned the decision
However, the tide seemed to turn at the beginning of December 2023: The Constitutional Court (VfGH) first overturned the relevant ordinances (local development concept, zoning and development plan) - and subsequently also the decision of the LVwG.

Campsite on a "white spot"
The case was therefore returned to the first instance, which on Thursday again rejected the appeal against the building permit. The neighbor had argued that - according to the Constitutional Court ruling - there was neither a zoning plan nor a development plan and that the campsite would therefore be built on a "blank spot".

The LVwG countered this by stating that the construction project was "permissible because a lack of zoning does not prevent the granting of a building permit". There is "no legal basis in Upper Austria" for the revocation of the building permit demanded by the neighbor, according to the court.