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Development plan Nördlich Stuhlsatzenhaus” is overturned: court makes harsh judgment!
The Saarland Higher Administrative Court declares the “Nördlich Stuhlsatzenhaus” development plan to be ineffective. Why the court decided.
Development plan Nördlich Stuhlsatzenhaus” is overturned: court makes harsh judgment!
On October 9, 2025, the 2nd Senate of the Higher Administrative Court of Saarland declared the “Nördlich Stuhlsatzenhaus” development plan for the state capital Saarbrücken to be ineffective. This decision was made based on a regulatory control application from the BUND Landesverband Saar e.V. The judges identified several serious flaws in the plan that make implementation impossible.
The inadequate investigation of the effects on protected species, especially bat and bird species, was particularly criticized. The lack of recording of wood-dwelling beetles that fall under the Habitats Directive also represented a significant deficiency. In addition, it was found that the planned clearing of a large area of forest violated the ban on the destruction of breeding and resting places in accordance with Section 44 Paragraph 1 No. 3 of the Federal Nature Conservation Act (BNatSchG).
Legal situation and errors in consideration
The court found that there were possible violations of the ban on killing according to Section 44 Paragraph 1 No. 1 BNatSchG with regard to bats. In particular, the prevention measures provided for in the development plan were considered inadequate. Furthermore, it was not possible to determine the existence of an exceptional situation according to Section 45 Para. 7 BNatSchG that would allow a deviation from species protection rights.
The judges also criticized errors in weighing, as the qualified obligation to consider and justify the use of forest areas was not met. In this context, doubts were raised about the weighting of nature conservation concerns in comparison to the urban planning reasons for the planned mixed area. The drainage problem was also not sufficiently transferred to a subsequent approval process, and climate protection concerns were not properly identified by the planner.
An appeal was not permitted, but it is possible to lodge an appeal against non-admission with the Federal Administrative Court. The full text of the judgment will be published on the court's homepage, allowing a more detailed look at the legal arguments.
A shot across the bow for urban planning
This decision represents an important turning point in the planning practice of the state capital Saarbrücken. It illustrates how crucial it is to carefully weigh up environmental and nature conservation concerns in land-use planning. The impact of the current decision could have far-reaching consequences for future urban planning decisions in the region, particularly with regard to the protection of flora and fauna.
The BUND Landesverband Saar e.V. and environmentalists see this decision as an important success for nature conservation and as a signal to planners to pay more attention to the legal requirements for the protection of habitats and species in the future. This decision could lead to more resources being made available in the future for examining development plans to ensure compliance with nature conservation regulations.