Kernrechtsfrage
Whether the costs of a mixed zoning, infrastructure and design plan may be charged in full to landowners under § 74(3) BauG.
Extrahierter Entscheid
No. The plan contained substantial zoning-plan elements, and zoning-planning costs must be borne by the municipality; for the non-zoning elements, the municipality also had a significant own interest, so full cost shifting was impermissible.
Extrahierte Begründung
The plan’s change of phasing was a zoning-plan matter under § 26 BauG. Although mixed plans are permissible under § 14(3) BauG and § 74(3) BauG applies to infrastructure and design plans, the zoning component and the municipality’s own interest in protecting the Weihermattleitung required a substantial reduction of the charges.