A meadow orchard in Berlin-Johannisthal/Adlershof must make way for a school building. This was decided by the Berlin Administrative Court (VG 24 L 36/23). In this case, a community school is to be built on an approximately 3.5-hectare plot of land that is currently home to a meadow orchard.
According to the Federal Nature Conservation Act, orchards are protected biotopes that may not be destroyed. However, the Treptow-Köpenick district office granted the housing construction company an exemption from this ban. A nature conservation association filed an urgent appeal against this with the Berlin Administrative Court. Without success.
According to the Berlin Administrative Court, such a ban can be lifted if it is contrary to the public interest. This is the case here because the expected demand for school places can be met by building the community school from the 2025/26 school year. There is also no alternative area for school construction. However, an appeal against the decision can still be lodged with the Berlin-Brandenburg Higher Administrative Court.
Source: berlin.de/VG 24 L 36/23
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