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Plans for an animal crematorium in Schermbeck – skepticism remains – Insurance for Pets


Schermbeck.
The majority of the committee members opted for restrictions that initially make construction at the Hufenkampweg site less likely.

After a long discussion, the planning and environmental committee of the municipality of Schermbeck decided by a majority – with Michael Fastring (SPD) and Dr. Stefan Steinkühler and Jürgen Trick (both Greens) – another “hurdle” for the construction of the planned animal crematorium in the Hufenkampweg industrial area.

Specifically: The administration is commissioned to allow the settlement of businesses and systems within the normal possible distance classes after the distance decree for NRW in the further process of drawing up development plan No. 52. However, with numerous restrictions, according to which only administrative and manufacturing types of business, such as service companies, and manufacturing are permitted.


Exclude certain operating rates

In addition, modes of operation without these features, such as retail businesses, facilities for church, cultural, social and health purposes, amusement facilities, facilities for sporting purposes, warehouses, storage spaces, crematoriums and the like could be excluded.

However, the municipality of Schermbeck is also aware that there could be a standard control procedure, the outcome of which is uncertain.

The Wesel company Cremare has now submitted the building application for the construction of an animal crematorium, the Wesel district is currently examining the admissibility.

District Wesel has to decide

Background: The approval of crematoriums, e.g. for pets and horses in the course of possible application or company-specific approval procedures under the immission control law and the public participation to be carried out reserved for the district of Wesel as the responsible licensing authority.

According to the administration, certain residual risks remain

Furthermore, the administration had explained in advance: By the second partial decision of the Planning and Environment Committee in the meeting on October 1, 2019, the administration was commissioned to determine whether an exclusion of animal crematoria should be carried out with a view to the possible exclusion of crematoriums in the “Hufenkamp” industrial area is justifiable in terms of urban planning.

A specific exclusion of this type of plant / mode of operation alone is not possible in a legally secure form according to the present statements if, by the way, the system / operating modes that are permitted according to the distance classes in the NRW Distance Decree are approved almost without restriction.

A legally compliant planning free of errors presupposes that the municipality, if it restricts the area types defined by the legislator or legislator, also has valid, understandable urban planning reasons for this.

In the event of a judicial review, however, certain legal risks remain.