Binsfeld (Speyer)
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Binsfeld is the name of the Rhine lowlands north of the federal motorway 61 , which is characterized by eight closely spaced quarry ponds and mainly belongs to the Speyer-Nord district of the city of Speyer , while the northernmost part belongs to the district of Otterstadt .
The name Binsfeld also bears the name of a former parcel of land within this area , the centrally located Lake Binsfeld , which is now dredged there , a building area of around 250 houses located there (area of the Binsfeld III development plan) and the predominantly built-up Binsfeld road, which extends the area in north-south -Direction taps.
After decades of intensive gravel extraction , the area is today, with the exception of the northern part of fields, a few allotments and a football field of Tura Otterstadt, characterized by quarry ponds .
Of the eight quarry ponds there, the Speyerlachsee , the Mondsee , the Sonnensee , the Biersiedersee and the Silbersee , the three largest lakes, Binsfeld , the Kuhunter and the Gänsedrecksee , are connected to one lake. At some quarry ponds, there is a closed area of approx. 250 houses, which are mainly used for living, some for weekend purposes.
The Rhine lowland consists of alluvial and Holocene deposits.
Except for the slightly higher ground in the northern part of the whole Binsfeld was before the gravel mining dominated by marshy with reeds lined meadows . This explains the field name Binsfeld, which was transferred to the entire area, the lake dredged on the parcel and the construction area on the lakes.
In the northern area there was a group of farms called Binshof .
Delimitation, structure and surroundings of the area
The west and northwest, Speyerlache
The area is bounded in the west by a clear height jump, which separates the Hochgestade from the Rhine lowlands. The Hochgestade jumps in the direction of Otterstadt to the northeast in an arc-shaped manner towards the Rhine, whereby the Hochgestade loses height to the east, only to merge into the Rhine lowlands at the end of Otterstadt. This arch corresponds to a silted up arm of the old Rhine, the Speyerlache, which once gnawed the Hochgestade. The southern part of this former arm of the Old Rhine is now water-bearing again as the Speyerlachsee .
The north, Binshof
Kreisstraße 2 runs in an east-west direction south of the Otterstadt building line. From its branches from the high shores of the Rhine valley to the south an easy paved road linking the Binsfeld the Gehöft- and hotel group Binshof to open up and the building area Binsfeld. One of the farms was - greatly expanded - converted into a hotel, for whose benefit a separate development plan was created, which was expanded twice according to the wishes of the investors. An active farm still exists to the north of the wellness hotel.
In the north, after the end of the Hochgestades, the district road 2 (K2), which heads east towards the main Rhine dike, limits the Binsfeld.
The West
Upon reaching the main Rhine dike, which represents the eastern boundary of the area, the K2 turns south and runs along the dike. Rheinhauptdeich and K2 limit the Binsfeld to the east. At the bend of the K2 and a few hundred meters south there are two entrances to a large barracks that were built into the Angelhofer Altrhein floodplain . The southern part used to be a French barracks, the Riberpray quarter, and the northern part a branch of the German Kurpfalz barracks . Today both parts are used by the German Special Engineer Battalion 464 . Shortly before the K2 intersects the A 61, it is led down from the main Rhine dike and passes under it right next to the dike.
The South
In the south, the area is bounded by the A 61 , which runs on a roadway that connects the Hochgestade in the west with the Speyer motorway bridge in the east. The Binshof rest area is roughly in the middle of the stretch of motorway. In the past, truck drivers often used the space in the summer to refresh themselves in the lake. This is now prevented by high fences. The gravel for the road was extracted from the Speyerlachsee . Two bridges cross under the roadway of the Bundesautobahn 61 between Hochgestade and Rheinbrücke Speyer and represent the two southern gates to Binsfeld. One, which becomes Binsfeld Street , directly on Hochgestade, the other for Kreisstraße 2 on Rheinhauptdamm.
South of the Kuhunter there is a closed field path between Anglerstubb and Kreisstraße 2. South of the southwest corner of the Kuhunter there is a triangle between this field path, the K2 and the embankment of the Bundesautobahn 61. Arable farming is carried out there. To the south of the point where the dirt road meets the K2 and thus the main Rhine dike, there is a pumping station in this triangle for draining the northern Rhine lowlands from Speyer.
The lakes
Binsfeld
In the 20 hectare large and maximally 19 meters deep lake Binsfeld, the center of the lake landscape Binsfeld, there is an island with a rich water bird life . During the day there is mainly a large colony of Canada geese . The island is called Vogelinsel, but officially has no name. The flat, sandy north bank of the Binsfeld is the most popular bathing beach today. There is also a kiosk and toilet facilities there. The gravel loading station was at this location until the end of gravel mining.
The east bank of the Binsfeld, a headland, separates it from the Gänsedrecksee . The side of the headland facing the Binsfeld is designated as a nudist area.
A plan to fence off this area after leasing it to a private individual and allowing them to charge entry caused considerable political controversy in the 1980s. The contract was concluded, but the project failed due to the tenant's bankruptcy.
Sun lake
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The 4.5 hectare and max. 7 meters deep, Sonnensee , west of Lake Binsfeld, was the first dredged lake in Binsfeld.
Its west bank was the first construction phase of the Binsfeld building area, initially with about 500 m² of land . The houses on the west bank are accessed from the Binsfeld road , a long field path that runs at this altitude between the Sonnensee and Speyerlachsee . The plots were first rented, then the obligation to build in long lease forgive and later sold to the tenants. Originally a public path was supposed to run between the row of houses and the lake, which, however, would have required considerable excavation work as the bank is very steep. The waterfront was then sold to the homeowners.
On the flat north bank, plots of land were later leased for 30 years and continuously built on. The row of houses on the north bank is accessed from the Wildentenweg . After the lease expires, the land with houses will be sold.
The middle, flat east bank used to be the most popular public bathing beach , the south bank was left natural. At the southeast corner there is a kiosk and a public toilet facility, opposite of which is the DLRG clubhouse .
Between Sonnensee and Lake Binsfeld to the north of the kiosk, a bridged hole was made, which should enable fish to use the shallow water of the Sonnensee to spawn. The puncture silted up.
Mondsee
The 7 ha small and max. 17 meters deep Mondsee , northwest of Lake Binsfeld , is built on the east bank, south bank and west bank. There is a private beach on the north bank for the long-term tenants of the long-term campsite Lehr in the north . The east bank is accessible from Binsfeld street , the south bank from Wildentenweg , the east bank from Am Mondsee street , and the north bank from Germannswiese street . The Germannswiese street is a private street in this area.
Biersiedersee (and the streets Biersiedersee and Biersiederstück)
The 7 hectare and max. 15 meters deep Biersiedersee , north of Lake Binsfeld, got its name from a dredged parcel that once belonged to a beer brewer . The built-up road that opens up the western north bank of the Biersiedersee is also called the Biersiedersee.
The Biersiederstück parcel also gave its name to the Biersiederstück street, which was built on both sides and which branches off from Binsfeld street to the south and opens up the development in the area of the western bank of Lake Binsfeld. The built-up west bank is accessed from the street Am Mondsee, which runs in a north-south direction between Mondsee and Biersiedersee.
Silver lake
The 6 hectare and max. 13 meters deep Silbersee , north of Lake Binsfeld, lies between the Biersiedersee in the west and the northern part of the Gänsedrecksee in the east. He is completely on the hook u. Fish breeding association rented out. North of the Silbersee is a large public parking lot, which is chargeable during the bathing season. It is connected to the north via Kreisstraße 2.
Gänsedrecksee and Kuhuntersee
East of Silbersee in the north and Lake Binsfeld is the Gänsedrecksee , which has merged with Lake Kuhunter to the south .
The Kuhuntersee is not only the continuation of the Gänsedrecksee to the south, it also runs west to south of the Binsfeld lake. The Kuhunter is separated from Lake Binsfeld by a headland that has become an island through two punctures, a small one on the west bank and a larger one on the east.
The banks of the Gänsedrecksee are entirely dedicated to nature conservation, but are also used for swimming.
Along the east bank of Gänsedrecksee and Kuhunter (which have merged) a dense wood has been created for nature conservation purposes. Behind the wood there is a narrow strip of fields and then an asphalt field path, which is also used as a cycle path for the Rhine route, and then the main Rhine dike on which District Road 2 runs.
The south bank of the Kuhunter is also dedicated to nature conservation. Nevertheless, the area is also used for swimming.
In the southwest corner of the Kuhunter there is an entry point for divers and the club bar "Anglerstubb" of a fishing club.
Speyerlachsee
The 9 hectare and max. 17 meters deep Speyerlachsee , west of the Sonnensee, and a built-up area between southern Speyerlachsee, Sonnensee in the north and the lakes Binsfeld and Kuhunter in the east with three side pieces to the street Binsfeld and the street Biersiederstück, nestles in the west against the Hochgestade, the western border of the Binsfeldes. To the south of it there is a small wooded area, which is connected to a large public parking lot, which is partly chargeable in summer. The Speyerlachsee, which is forested on the south and west banks, suffers from problems with the oxygen content because of the heavy leaf load.
The old Rhine arm Speyerlache originally ran here, but it silted up and gave way to an acid meadow consisting almost entirely of reed grass. It was dredged to obtain material for the construction of the A 61 motorway. On the east bank, a public area is followed by a double-row development with staggered plots of approx. 230–250 m².
Legal
Local recreation and nature conservation
The Binsfeld is part of the conservation area, " Palatine Rheinauen " and part of an EU bird sanctuary . The vegetation on the elevation from the Rhine lowlands to the Hochgestade west of the Speyerlach has been declared a protected part of the landscape for nature conservation reasons . The very strong noise input from the federal motorway 61 is problematic for the southern part of the area .
Building rights in the built-up area of the development plan "Im Binsfeld III" and many years of multiple disputes
The development plan “Im Binsfeld III” created in January 1976 and adopted as a statute on July 19, 1977 classifies the building area as a special weekend home area . In addition, a design statute of December 7, 1977 was issued. The size of the houses is limited to 60 m² in the plan. The garage must not exceed 0.1 of the property area. Ancillary systems are not permitted. Terraces may only be max. 8 m² to be covered.
From the beginning, however, many residents preferred to live longer in the beautifully situated area. This intensified when the electricity and telephone were switched on, house wells were later replaced by drinking water and finally the district government forced the city to replace the sewage pits with sewers . On this occasion, the streets were paved for the first time, the residents were able to switch from expensive liquid gas to natural gas and street lighting was also installed.
The Neustadt Administrative Court ruled on the basis of an oral hearing on December 15, 1983 regarding the development plan:
"However, the development plan" Im Binsfeld III "is no longer valid as a justification for the administrative decisions because it is not legally binding. Like its predecessors from 1969 and 1972, it lacks proper announcement according to § 17 BBauG . that the announcement of this plan was made on December 7th (December 14th and 15th, 1977) without a sufficient description of the plan area.As the announcement text in the development plan files shows, the plan is only under the name "Binsfeld III" without any further delimitation The same applies to the notices of February 19, 1969 and March 29, 1972. This is not sufficient (for the whole see BVerwGE 55, 369, 370 f. - DVBl. 78, 815; OVG Rhineland-Palatinate , Judgment of December 15, 1977, BRS 32 No. 12 and of December 1, 1981, - 10 C 16/81 -).… It follows that the development plan, which the defendant alone igen basis of their discretionary decision according to § 113 sentence 1 LBauO is ineffective. "
With the determination of the nullity of all three development plans developed up to then, the type and extent of the structural use of all construction projects implemented up to then had to be assessed solely according to § 34 BauGB, i.e. the regulations for the unplanned interior area.
The Higher Administrative Court of Koblenz stated in its judgment of July 19, 1984:
"In view of the fact that the Binsfeld III development plan drawn up for the area in question was ineffective at the time of the last administrative decision on January 26, 1980 (delivery of the notice of objection) due to a lack of proper notification ( § 12 BauGB) (cf. in detail the judgment of the Neustadt Administrative Court ad Weinstrasse from December 15, 1983 -2 K 209 / 78- the content of the court file is / Bl. 101 ff / is) and could not be put into effect retrospectively by (subsequent) announcement of June 13, 1984, was the planning law Admissibility of the plaintiffs' structures - also with regard to the use - to be assessed according to § 34 Paragraph BauG. "
The Lord Mayor responded by redrafting and interpreting the old plan on June 13, 1984 without further consideration or resolution. This plan was not legally challenged within a year and was therefore directly incontestable.
According to a statement made by the Binsfeld Citizens' Initiative on February 25, 2004, of 216 households that answered the question, 170 would be permanent users and 46 weekend users.
According to a statement by the city administration to a resident inquiry on question 6 in the city council meeting of November 16, 2004, 140 residents with main residence and 31 with secondary residence were registered in the area of the Binsfeld 3 development plan at the time of answering .
According to the submission by the city administration to the building and planning committee for the meeting on April 16, 2008, 241 of the 247 properties in the planning area had been checked as of March 31, 2008. Of these, 29 properties were without complaints, while minor defects were found in 24 properties. The 178 properties with deficiencies can be classified as follows: In 76 cases permanent residences were reported. Ancillary facilities were found in 105 cases (garden sheds and tool sheds). In addition, 11 house entrance canopies from 2 to 18 m² were found. 64 other roofs exceeded the permitted terrace roofing of 8 m² or were erected as additional roofing. 22 winter gardens were built. In 43 cases, unauthorized extensions were built. In 20 cases, terrace basements were created, which in two cases were used as living space. The granary was used as living space in 15 houses. In 127 cases, basements were used as lounges, especially as bedrooms or hobby rooms. In 59 cases, garages were used as lounges . 16 unauthorized carports were built. 8 garages were built with a basement, 2 of which were used as living space.
To date (2011), a large number of legal proceedings between residents and the city are pending.
The city of Speyer has wrongly given the owners of a property in the “Im Binsfeld” development plan area to cancel the use of their garage for residence purposes. However, this is not due to the invalidity of the development plan. Rather, the city did not apply its own concept of restoring building law conditions in Binsfeld correctly. This was decided by the Higher Administrative Court of Rhineland-Palatinate in Koblenz.
The property inhabited by the plaintiffs, which is located in the Binsfeld weekend house area in Speyer, was originally approved as a weekend house, with lounges only being provided on the ground floor of the main building. During a site inspection in 2006, the defendant city found that the plaintiffs had meanwhile also used part of the garage and a basement room for recreational purposes. The defendant therefore issued a building inspection order against the plaintiffs with the aim that the weekend house should be restored to its original state of use. The defendant rejected the application made by the plaintiffs for subsequent approval of the changed use of the garage and basement rooms. The administrative court dismissed the action brought against this. The appeal of the plaintiffs was partially successful.
The defendant incorrectly exercised the discretion granted to it by law by telling the plaintiffs not to use the garage as a lounge any longer. It is true that this use violates the regulation of the development plan “Im Binsfeld” on the extent of the permitted living space and can therefore not be approved by the building authorities. Also, this plan has not become ineffective because of “inoperability”. Because despite the use of part of the properties in the planned area as permanent residences, the Binsfeld has not obviously lost its character as a weekend house area, because the expansion of the use is largely not recognizable to the outside. In addition, the defendant only approved or tolerated the changes in use in individual cases. That is why the development plan has not lost its controlling effect.
However, the building inspectorate's order was incorrectly judged because the defendant, with its request to use the property only to the extent originally approved, disregarded its own renovation concept. According to this, only violations of the distance regulations under building regulations should be punished when converting the use of the garages, but this is not possible with the plaintiffs due to the willingness of their neighbors to approve a distance area construction load. As far as the expansion of the living space inside the building, which is contrary to the development plan, is concerned, the city has decided not to take action against the creation of additional living space in basements and storerooms. Then, however, it would violate the principle of equality to intervene against an expansion of the living space in the garage, although here too the external appearance of the approved house remains unchanged. On the other hand, the request to remove the patio roof is not legally objectionable. This has an area of 24 m², although the design statutes valid in Binsfeld only allow roofs of 8 m².
OVG Rhineland-Palatinate last decided on this on November 22, 2011.
The street Binsfeld
It runs between Otterstadt and the motorway bridge of the federal motorway 61 directly below the Hochgestades.
In front of the south side of the bridge, the asphalt field path, which runs on the south side of the motorway embankment from Waldseer Straße in Speyer-Nord to the district road on the Rheinhauptdeich, crosses with the field path coming from Spitzrheinhof and further from Otterstadter Weg.
Immediately after crossing under the motorway, a dirt road branches off to the west, which rises to the Hochgestade and continues along the north side of the motorway. A few meters further west there are two entrances to the large public parking lot for the southern area of the Binsfeld. Shortly thereafter, an asphalt dirt road branches off to the east, which leads to the clubhouse of the fishing club, the Anglerstub , which is located on the southwest corner of Lake Kuhunter, is restricted from there and then continues along the southern bank of this lake to Kreisstraße 2, which is there runs on the Rheinhauptdeich in north-south direction.
A few meters after this junction, the residential area begins, in which the street is designated as a 30 km / h zone and a no-parking zone. In the direction of Kuhunter to the east, a small branch path branches off, which is part of the Binsfeld.
Also to the east branches off the small street Biersiederstück, which reaches the street Binsfeld south of the Sonnensee after an arch again.
Another small cul-de-sac branches off to the west in the direction of Speyerlachsee , but it also belongs to the Binsfeld street.
The Binsfeld road then runs straight between the Speyerlachsee and the Sonnensee from the level of the Sonnensee. The development on the west bank of the Sonnensee on about 500 m² of land is the oldest in Binsfeld. The houses along the Speyerl axis, on the other hand, are built staggered as a double row on 230–250 m² plots.
At the end of the Sonnensee, the Wildentenweg turns off, running east between the north bank of the Sonnensee and the south bank of the Mondsee .
At the end of the Speyerlach, another spur road, built on both sides, branches off to the west, which is part of the Binsfeld street. The southern development faces the eastern north bank of the Speyerlach, the northern the field.
Along the Mondsee, the development continues in a single row on the east side to the end of the Mondsee, where the Germanswiese road branches off, which opens up the north shore of the Mondsee and the permanent campsite located there.
For a long time there was only field on the west side of this section of the street Binsfeld, until a row of houses was built there as well up to the northern end of the opposite permanent campsite.
At the end of the fence around the permanent campsite, the 30 km / h and no parking zone end.
The road runs across the field west of the parking lot of the wellness hotel and the horse fields of the farm, to unite with a road from the Binshof to climb in the north from the Rhine lowlands to the Hochgestade, where it meets the district road 2, which at this point in the east -West direction intersects the southern border of the development of Otterstadt. To the east of the ascent there are allotments and a club house, to the west there are fields.
State of development
For a long time, Binsfeld Street was a dirt road, on which the telephone lines in the direction of Otterstadt ran on wooden telegraph poles . At the time as a dirt road, however, a power cable and later a drinking water pipe were laid in the path body, with the help of which the residents could replace their house water wells, which were problematic because of the high calcium and iron content.
When the then district government forced the city to replace the sewage pits with a sewer system , a pressure sewer was relocated from Otterstadt over the Binsfeld under the road to Speyer. Otterstadt was also connected to the Speyer sewage treatment plant via this canal. The sewage from the houses is collected in a second sewer and pumped into the main sewer. On this occasion, the road was paved for the first time, and the residents were able to switch from the expensive liquid gas to the natural gas that was laid with them . A street lighting was first installed. The road's surface water is drained into depressions on the west side of the road.
The very strong noise input from the federal motorway 61 is problematic for the southern part of the area.
Gallery street
- Image gallery for the street Binsfeld
Street Binsfeld, entrance from the south into the 30 km and no parking zone , the bushes on the left hide the large southern parking lot
Street Binsfeld, height of the junction towards Speyerlachsee
Group of houses on the street Binsfeld towards the field corridor, behind the series on Mondsee
Street Binsfeld, entrance to the residential development from the north, on the left the parking spaces for the permanent campsite, on the right the first house between the street and the field corridor
See also
Web links
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- Aerial photo of the entire Binsfeld area - very easy to see, the motorway as the southern border of the area and the arc of Hochgestade and Kreisstraße 2, which trace the course of an old Rhine arc of Speyerlach . At the top of the Hochgestade is Otterstadt , on the right you can see part of the Reffenthal water training area.
- The city of Speyer to Binsfeld
- The city administration Speyer zum Binsfeld as bathing water
- To the underwater world in the Kuhuntersee and Gänsedrecksee
Legal bases
Bathing water quality
- Biersiedersee bathing water quality
- Binsfeld bathing water quality
- Bathing water quality Mondsee
- Bathing water quality Silbersee
- Bathing water quality Sonnensee
- Bathing water quality Speyerlachsee
fishing
Individual evidence
- ↑ a b Address Book Speyer 1991, TAGESPOST-Verlag, p. 179.
- ↑ a b http://www.badeseen.rlp.de/servlet/is/1148/
- ↑ http://www.badeseen.rlp.de/servlet/is/1145/
- ↑ http://www.badeseen.rlp.de/servlet/is/1144/
- ↑ http://www.badeseen.rlp.de/servlet/is/1146/
- ↑ http://www.badeseen.rlp.de/servlet/is/1149/
- ↑ Diving in the Binsfeld ( Memento from November 28, 2010 in the Internet Archive )
- ↑ ( Page no longer available , search in web archives: photo of the noise calculation map for the planned six-lane expansion of the A 61, planning approval documents, here: southern part of Binsfeld, west )
- ↑ ( Page no longer available , search in web archives: Photo of the noise calculation map for the planned six-lane expansion of the A 61, planning approval documents, here: southern part of Binsfeld, east with Anglerstubb )
- ↑ ( Page no longer available , search in web archives: The 9-page PDF file with the decibel values for all calculation points of the two maps of the previous links )
- ↑ a b VG Neustadt, judgment, Az. 2 K 209/78.
- ↑ Development plan "Im Binsfeld III" of June 13, 1984, design announced on June 19, 1984, approval of the district government on November 4, 1977.
- ^ Printout of the Powerpoint presentation by IG Binsfeld for the parliamentary groups on April 25, 2004
- ↑ 4th meeting of the Council of the City of Speyer on November 16, 2004 - Minutes of agenda item No. 6 - Subject: Questions and suggestions from residents; Inquiries from Mr. Richard Kerst and Mr. Jürgen Walter about the “Binsfeld” recreation area.
- ↑ Submission by the city of Speyer - submission no .: 0506/2008 - building and planning committee - deadline April 16, 2008 - subject development plan no. 2 “Im Binsfeld III”; here: creation of a renovation concept
- ↑ ( Page no longer available , search in web archives: OVG Rheinland-Pfalz, judgment of November 22, 2011 ), Az. 8 A 10443 / 11.OVG, full text.
- ↑ ( Page no longer available , search in web archives: photo of the noise calculation map for the planned six-lane expansion of the A 61, planning approval documents, here: southern part of Binsfeld, west )
- ↑ ( Page no longer available , search in web archives: Photo of the noise calculation map for the planned six-lane expansion of the A 61, planning approval documents, here: southern part of Binsfeld, east with Anglerstubb )
- ↑ ( Page no longer available , search in web archives: The 9-page PDF file with the decibel values for all calculation points of the two maps of the previous links )
Coordinates: 49 ° 21 ′ 31 ″ N , 8 ° 27 ′ 13 ″ E