Planning Law – Legal admissibility of a grocery
full-range store in a factually mixed area
In its judgement of December 2, 2013 the Oberverwaltungsgericht
North-Rhine Westphalia has also declared large-scale grocery
full-range stores legally admissible in a factually mixed area.
Large-scale grocery retail business with a sales area of 1.000
m² – no binding land use plan (Bebauungsplan) –
central supply area inter-municipally agreed upon Validity under
planning law of large-scale retail trade businesses – 800
m²? 1.200 m²?
The issue was about granting a preliminary notice under planning
law for the construction and operation of a grocery retail business
with a sales area of 1.000 m². The surrounding environment
corresponded to a mixed area. According to the retail trade concept
this location was within a central supply area which had been
inter-municipally agreed upon. A retail trade expert opinion
arrived at the conclusion that significantly less than 10% of
