Questão jurídica principal
Whether § 26(3) BauG allowed building in the second development stage without prepaying the costs of public infrastructure
Decisão extraída
No. 'Infrastructure facilities' meant the public facilities foreseen in the development plans; the owner had to prefinance the necessary public sewer connection, and a private interim solution was not sufficient.
Fundamentação extraída
The stage system is a core planning measure. The prepayment rule secures municipal financing and also ensures organic, stage-by-stage development; private solutions contrary to the plans are excluded.