5th cover sheet for development plan no. 402

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 existing local shopping center on Odenwaldallee, which currently houses a Sparkasse branch, a supermarket, a restaurant and several small businesses, is now characterized by an outdated building complex and no longer meets current requirements. The site was acquired by an investor in 2018. The existing buildings are to be replaced by a modern, high-quality new building. An urban planning competition was held to develop a compatible urban planning concept.

The concept envisages a residential and commercial building with a local supermarket, small businesses and services. Apartments are also to be built in high-rise point buildings. On the one hand, this is intended to secure local supplies for the Büchenbach-Nord area and, on the other, to provide urgently needed living space within the urban area. The legally binding development plan no. 402 - Forchheimer Straße - does not permit the planned development, which is why the creation of the 5th cover sheet will create the necessary conditions under construction planning law.