Surfpark Stade: Court declares construction plan to be ineffective!

Surfpark Stade: Court declares construction plan to be ineffective!

On October 2, 2024, the 1st Senate of the Lower Saxony Higher Administrative Court ruled that the development plan No. 500/3 is ineffective for the “commercial and surf park”. This decision not only affects the planned surf park itself, but also the associated construction stop, which was ordered by the Stade Administrative Court. The judges rejected the symptoms against this construction stop, which means that the construction work cannot be resumed for the time being.

The areas that were intended for this new surf park include more than 17 hectares on which a special area was planned for the development of leisure and commercial activities. Nature and environmental protection played a central role in this decision. An initiative consisting of the BUND for the Environment and Nature Conservation (BUND), Landesverband Niedersachsen e.V., and an adjacent farmer had lodged a complaint against the development plan, mainly due to concerns about the water and energy supply of the surf park.

Significant defects in planning

The court found that the development plan was not adequately adapted to the goals of the regional spatial planning. According to the regional spatial planning program (RROP) of the 2013 district of 2013, the planned area is part of a large priority area for industrial settlements, in which large companies in the producing trade in particular were to be located. However, the planned surf park would restrict these options because it provides for accommodation and other leisure uses.

Another crucial point was the wrong assessment of the effects of the project on the landscape. The city of Stade had assumed that the intervention in the landscape was not significant, although a complete redesign of the landscape was planned. If there is no sufficient measures to avoid or reducing the landscape effects, this cannot simply be ignored. The court also found that the planned greening is inadequate, which would lead to a significant negative impact on the local landscape.

In addition, the court finds that weighing up the interests at several points has occurred. The city had explicitly excluded to allow brothels and similar facilities in the new area, but this intention was not sufficiently underpinned by the specified regulations in the development plan.

future of the surf park uncertain

The Senate has maintained the construction stop because the ineffectiveness of the development plan makes the surf park inadmissible outdoors because it violates important environmental law issues. The administrative court had also raised complex questions about species protection law and climate protection impacts, to which the Senate did not want to submit a final evaluation, since the ineffectiveness of the plan was already sufficient to make the decision.

For a revision to the Federal Administrative Court, the parties only have the opportunity to appeal within one month of delivery after delivery of the judgment. However, these rights are tied to strict deadlines and the preciseness of the procedure are very demanding during this time. Until the legal situation is clarified, it will remain a challenge for the planners and investors of the surf park, since the legal framework for the construction remains unclear.

Overall, this judgment refers to the critical role that environmental protection and regional planning confinances play in the development of new leisure projects in Germany. The strict legal requirements are intended to ensure that such projects are not only economically viable, but also take into account the ecological framework and the quality of life of the residents. More information about this case can be found here .