1.D to the project-related BPlan No. 383 and 4.D to BPlan No. 317

a) In accordance with Section 44 (5) of the German Building Code (BauGB):

If the property disadvantages specified in Sections 39 to 42 BauGB have occurred as a result of the development plan, the person entitled to compensation may demand compensation. He can bring about the maturity of the claim by applying in writing to the party liable to pay compensation (see Section 44 (1) and (2) BauGB).

A claim for compensation expires if the claim does not fall due within three years of the end of the calendar year in which the pecuniary disadvantages specified in Sections 39 to 42 BauGB occurred.

b) In accordance with § 215 Para. 2 BauGB:

The following shall be disregarded in the creation of this development plan

1. a violation of the procedural and formal regulations specified in Section 214 para. 1 sentence 1 nos. 1 to 3 of the German Building Code (BauGB),
2. a violation of the provisions on the relationship between the development plan and the land use plan, which is relevant under Section 214 (2) of the BauGB, and
3. any deficiencies in the balancing process pursuant to Section 214 (3) sentence 2 BauGB,

if they have not been asserted in writing to the City of Erlangen - Office for Urban Planning and Mobility - within one year of the publication of the statutes, stating the facts justifying the violation.

The creation of the 1st cover sheet for project-related development plan no. 383 and the 4th cover sheet for development plan no. 317 serves to control the existing building law in order to enable a stronger mix in Erlangen's city center and at the same time to secure the area preservation claim of the designated core areas and the central business area.

secure.

Project-related development plan no. 383 and development plan no. 317 will therefore be amended to the effect that residential use is permitted as an exception from the 2nd floor upwards. The amendment to the development plans is a fine-tuning of the existing building law. The stipulation of the exceptional permissibility of residential use from the 2nd floor upwards therefore only represents a change of minor importance, in that it horizontally structures or restricts the exceptional permissibility of residential use. The urban development model is not called into question by this. The objectives of strengthening the existing usage structure and ensuring the compatibility of the different uses with one another, as stated in the existing development plan no. 383 and no. 317, are taken up and strengthened by the intended structuring.

Furthermore, the 1st cover sheet for the project-related development plan no. 383 creates the legal basis for a new development of the properties at Nürnberger Straße 21 and 23 (plots no. 1025 and 1026, Erlangen district).

In addition, the cover sheets implement the City of Erlangen's entertainment venue concept and the solar building obligation.