Environmental protection

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Under environment protection is understood in the monument being those schemes that were a cultural monument of harming his Anblickes (appearance) and its precincts are supposed to protect.

Typical tools for this environmental protection are, for example, the buffer zones of a UNESCO World Heritage Site or aspects of the protection of the townscape .

In general, the term specifically encompasses the surroundings, not a building as such: extensions, extensions and extensions, which also influence the view, are part of the monument protection concern in the narrower sense: A stairway provided or an entrance porch of a protected object would be direct content the intention to protect ( substance protection ) , but a separate building that would obstruct the main façade from a prominent location, very much the environment. The specific scope depends on the legal framework for the designation as a monument or cultural asset: It usually only refers to the street dimension, in exceptional cases to the wider area, such as high-rise buildings or wind turbines in the background of a large ensemble (long-distance effect) . Generally, general restrictions are regulated, such as building density and building heights , as well as the specific examination or approval of individual building projects.

National

Austria

In Austria, monument protection in the narrower sense is a federal matter in legislation and enforcement and is subordinate to the Federal Monuments Office  (BDA). The Austrian Monument Protection Act  (DMSG) originally contained a passage that the Federal Monuments Office could issue a "ban on the construction of kiosks, petrol stations or other disruptive buildings" in the immediate vicinity of a monument (former § 8 leg.cit. Id main version BGBl. 167 / 1978). The Constitutional Court ruled in 1995 (decision of September 29, 1995, G 50/95) that this exceeded the authority of the monument office. It also contradicts the intention of the law, which draws a monument property from the value of the original substance as a witness of the time, which is not impaired by changes in appearance, and also does not affect the public interest in the preservation of the building as such.

Environmental protection within the meaning of the Monument Protection Act therefore only includes direct threats to the existing structure or appearance, for example through the attachment of advertising signs, showcases, labels and the like ( Section 7 (1) DMSG). These prohibitions are to be pronounced by the district administration authority at the request of the Federal Monuments Office, in the case of imminent danger by the office itself. For this reason, environmental protection in the true sense of the word is an aspect of site protection that, as part of spatial planning and urban development planning, is typically a municipal and state affair . The buffer zones of the UNESCO World Heritage sites are also treated in accordance with local law.

literature

  • Achim Weber: Instruments and limits of environmental protection for architectural monuments. Diss., Univ. Cologne, 1998 (based on Germany).

Individual evidence

  1. ↑ cf. Karl-Werner Schulte: Real Estate Economics. Volume III: Basics of urban planning. 2nd edition, Verlag Walter de Gruyter, 2012, ISBN 978-3-486-71440-1 , section 2.3.2.7. Monument protection instruments - environmental protection of cultural monuments , p. 269 ( limited preview in the Google book search).
  2. ↑ Art. 10 para. 1 no.13 B-VG
  3. ↑ a b Federal Ministry for Education, Art and Culture (BMUKK), Federal Monuments Office (BDA): Standards for ensemble protection. BMUKK-GZ 13.600 / 0030-IV / 3/2013, status: November 19, 2013, section delimitation to environmental protection. , P. 31 f - ( pdf , bda.at; elaborated as part of a multi-phase pilot project on the subject of UNESCO World Heritage - ensemble protection, new ways of cooperation for the benefit of the citizens ).
  4. ↑ For example, the historical center of the city of Salzburg is protected by a strict special old town conservation law as a state law; Preservation of the old town in Salzburg. ( Memento of the original from March 25, 2016 in the Internet Archive ) Info: The @1@ 2Template: Webachiv / IABot / www.salzburg.gv.at archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. salzburg.gv.at.
  5. ^ Entry katalog.ub.uni-heidelberg.de