Greens in favor of new law

Although the zoning is missing, there is no construction freeze

Construction of the controversial campsite in Hinterstoder began last summer.(Bild: Haijes Jack)

A legal loophole allows a campsite to be built in Hinterstoder even though there is neither a local development concept nor a zoning and development plan. The Greens want to prevent such construction projects on the "white spot" in future by amending the law.

The construction of a luxury campsite in Hinterstoder has been in the courts for some time. A neighbor is taking legal action against the construction, but recently - as reported - failed at the Provincial Administrative Court (LVwG). The background to this is that the Constitutional Court (VfGH) annulled the local development concept as well as the zoning and development plan for the project in December 2023.

However, this has no impact on the building permit that has already been granted: it remains in place because there is "no legal basis" for revoking it in Upper Austria, according to the LVwG. Construction will therefore continue and the campsite will be built on a "blank spot".

Amendment to the law requested
For the Greens, this legal situation is unacceptable. On Thursday, they submitted a motion to amend the Upper Austrian Building and Regional Planning Act to the relevant provincial parliament committee. In future, "the revocation of a local development concept, zoning plan or development plan should result in the suspension of a building permit".

A construction project should not be allowed to continue if the legal basis for it has been lost. This is completely incomprehensible.

Rudi Hemetsberger, Raumordnungssprecher der Grünen

"Done and done, but wrongly"
It is unacceptable that facts are created even though the legal basis for this is missing, says Green Party MP Rudi Hemetsberger. "In the case of Hinterstoder, this would mean that a highly controversial building might be ready and waiting in the landscape, although it is still completely unclear whether it is there rightly."

The application was postponed yesterday until September, when regional planning councillor Markus Achleitner (ÖVP) will provide information.