Problems in the Europa-Park community: Rust quarrels with the district office about holiday apartments – Ettenheim and surroundings

Rust wants a balance between permanent residence and holiday apartments Photo: Symbolic photo: Jens Kalaene


Rust municipal council has refused a building application that allows for the creation of five new holiday apartments. The public prosecutor saw it as wrong. The municipality has now hired a special lawyer.

Rust – “Today we have a short meeting with difficult topics,” Mayor Kai-Achim Klare announced at the beginning of the public building committee meeting in Rust on Monday. The meeting participants emotionally discussed an application for conversion and extension as well as change of use of a residential building and garage to a residential property with a permanent apartment and five holiday apartments in the development plan area “Oberfeld neu”. The issue of extraordinary approval, as set out in the planning regulations for the area, was repeatedly raised.



A sensible relationship between housing and housing has been on the agenda in Rust for years. With the revision of existing development plans, it was and will be determined that at least 60 percent of the residential development on the property must be used for permanent residence and a maximum of 40 percent for residential use. According to the provisions of the development plan, holiday apartments are only permitted in the mentioned area in special cases.

District office replaces lack of agreement from the municipality

There have often been differences of opinion between the municipal building committee and the building code authority in the district office of the Ortenau district on this vague legal concept. With the result that a lack of agreement on the part of the municipality was simply replaced by the building code authority.

In the present case, the building committee no longer wanted to accept this and strongly contradicted the statement of the circuit office, which ignored the committee’s rejection of the application in March and instead signaled approval. As there are already several holiday apartments in this area, the exceptional character is no longer granted, and the building committee did not agree. But the district office accepted on the grounds that the exceptional character existed. The project is therefore permitted, and the district office asked Rust municipality for an explanation in August.

Special advocate proves the right of the community

The administration then had a special lawyer investigate the factual circumstances of the case. He confirmed the legal position of the society. Through fine-tuning on the basis of the Building Utilization Order, the municipality has down-prioritized the types of commercial housing, holiday apartments and accommodation establishments for extraordinary approval and is thus pursuing a specific planning goal, reads one of the report’s justifications with the conclusion: “We therefore propose that the building committee agree on the current construction – and continues to refuse the request for a change of use.” The committee members, along with the mayor, followed this proposal and voted against the building project. The reaction from the building code authority at the district office remains to be seen.




Two more building applications

The Ruster building committee also rejected the conversion and renovation of an existing house and the new construction of a single-family house in the “Oberfeld-east of Strangenweg” area, which was also objected to. The application contained a dispensation from the provisions of the development plan, because the rear building line had to be exceeded by 4.60 metres. The building committee complained that the deviations were too massive, which is why no exemption was granted. A positive result was still noted because a preliminary building application for the construction of a new residential and guest house in Karl-Friedrich-Straße was approved, but in accordance with the provisions of the development plan.


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