Dear fellow residents
As part of our involvement in building law, we have received two planning applications from the Dernbacher Gruppe Katharina Kasper ViaSalus GmbH, Dernbach, for a change of use within the Mittelmosel-Klinik building.
While one is for a change of use for the establishment of a short-term care facility, the other is for a change of use of the palliative care unit to a hospice unit.
The Lower Building Supervisory Authority at the district administration is generally responsible for approvals under building law.
Municipalities are primarily involved in the planning permission process through their responsibility under planning law. If there is a development plan (Section 30 BauGB), the responsible building supervisory authority checks whether the project complies with the stipulations. The municipality is regularly involved in this process, in particular to clarify whether public interests are affected or municipal statutes (e.g. design statutes) are affected. In the case of building projects in unplanned inner areas (Section 34 BauGB) or outer areas (Section 35 BauGB), the municipality also has an influence on the assessment under building planning law. In Rhineland-Palatinate, the municipality has the task of granting or refusing consent within two months of receiving the application.
During this discussion with the parliamentary groups, the question arose as to the classification of the requested measures under building planning law.
The entire buildable area on the Barl is covered by development plans under planning law. In contrast, the entire area of the Mittelmosel-Klinik, including all buildings and parking areas, is unplanned.
In three comparable cases, the building supervisory authority had initially demanded the creation of rounding-off or supplementary bylaws for areas or buildings which, in our opinion, are located in the context of the built-up area without a development plan.
In view of the fact that the entire area of land in the area of the Mittelmosel Clinic is not covered by a development plan, we have asked the Cochem-Zell district administration to examine which provisions of the German Building Code apply to the area and how it should be treated under building planning law.
As part of the deliberations of the main committee on 05.05.2025, it was not the city mayor who single-handedly, but all of the parliamentary groups on the town council together, removed the two agenda items from the main committee due to the legally unresolved issue. A decision on the building applications will be made as soon as the legal situation has been clarified. Other representations do not reflect the facts.
The next meeting of the Town Council will take place on Monday, May 19, 2025.
In principle, both I and the parliamentary groups on the Town Council are in favor of the establishment of a short-term care facility or hospice in terms of health policy. At the same time, all committee members called for the provision of sufficient healthcare and emergency care in the catchment area of Zell hospital not to be neglected.
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Inauguration and opening to traffic of the new Kirschbaumweg
After the town council had provided the budget funds for the connecting path between the Barl I and II residential areas and Barlstraße Nord, which is included in the Barl II development plan, the construction project was put out to tender at the beginning of 2024. Construction work began in April 2024. Unfortunately, completion was delayed due to the weather and the company.
Now that the final work has been completed and the road has been approved, the new connection is finished and can be officially made available to residents. This not only means a shorter connection between the residential area and Barlstraße Nord. It also represents a considerable improvement, especially for kindergarten and school children.
Two bus stops with bus shelters were created within the new “traffic-calmed area” of Kirschbaumweg. This specially protected group of people no longer has to walk through the unlit path to the bus stop in the distance in the dark in winter. As the Kirschbaumweg has been made a “traffic-calmed area” and signposted, drivers are only allowed to drive at walking pace. Children are allowed to play on the entire road.
It is currently still being clarified when the public transport buses will no longer travel via Buchenstrasse and Waldbornstrasse, but through the residential area via Eichenstrasse and on via Kirschbaumweg to Barlstrasse Nord.
On Friday, May 23, 2025, the Kirschbaum will be inaugurated during a small ceremony at 11:00 a.m. and opened to the public. Not only those involved in the construction are invited to attend. The town of Zell (Mosel) cordially invites all residents to take part in this opening ceremony.
We look forward to seeing you there
Your Town Mayor
Hans-Peter Döpgen