Settlement of redevelopment areas
Legal situation of the redevelopment areas I to III
The federal government, as the responsible funding authority, has declared urban development funding in the "Urban Redevelopment and Development Measures" program area to be terminated. It has called upon the federal states to work towards a speedy settlement of the overall measures funded in the program. The government of Upper Franconia has therefore called on the municipalities and cities to cancel the "old" redevelopment and development areas and to settle them in accordance with the subsidy law.
At the same time, redevelopment statutes that were promulgated before January 1, 2007 must be revoked by December 31, 2021 at the latest with the legal effects of Section 162 (1) Sentence 1 No. 4 BauGB (cf. Section 235 (4) BauGB).
Hof's redevelopment areas I to III are thus to be legally closed within the meaning of the Building Code.
Repeal statutes
Redevelopment areas I to III
A prerequisite for the revocation of the redevelopment statutes after implementation of the redevelopment is a change in the objectives and purposes of the redevelopment if the originally defined redevelopment objectives have not yet been achieved. The decision on this is subject to the balancing requirement, according to which the public and private interests are to be weighed fairly against and among each other.
Before the objectives and purposes of the redevelopment were changed to those of the actually implemented redevelopment-related structural and construction measures, most of which were supported by urban development funds, and their definition as the final objectives and purposes of the redevelopment; and before the redevelopment statutes were revoked, the parties affected by the redevelopment were involved, as were the public agencies/carriers of public interests.
The justification reports with statements in particular on the preparatory investigations and the formal definition of the redevelopment areas
- on the costs and financing of the redevelopment measure,
- on the urban development planning concepts; on the objectives and purposes of the redevelopment,
- on the speedy implementation of the redevelopment measure as well as on cancellation and consideration, and
- on the compensation law of the BauGB
with consideration of the public and private interests. This includes all reasons, among other things a list of the actually implemented redevelopment-related regulatory and construction measures within the redevelopment area, most of which were funded with urban development funds, together with the associated site plans, as well as basic statements on the levying of compensation amounts.
In its meeting of December 16, 2021, the City Council of the City of Hof adopted the statutes on the cancellation of the formal definition of the redevelopment area for areas I to III.
Redevelopment area I - Neustadt Quarter 10 new name: "Sigmundsgraben-Ludwigstraße-Auguststraße-Karolinenstraße" Redevelopment area II - Altes Gefängnis Quarter 21 new name: "Klostertor-Lessingstraße-Sigmundsgraben-Theaterstraße" Redevelopment area III - Alter Poststall/Sigmundsgraben new name: "Unteres Tor-Sigmundsgraben-Gerbergasse
