Gesobau’s Repeated Failure: Court Upholds Tree Felling Ban Near Pankow Palace Park
Berlin, February 10, 2026 – The state-owned housing association Gesobau has faced another legal setback in its bid to clear trees and shrubs for a controversial construction project near Pankow’s Schönhausen Palace Park. The Berlin Administrative Court has once again rejected an emergency motion by Gesobau, upholding a prohibition order issued by the Pankow district authority. This ruling comes as a victory for environmental groups and local residents who have long campaigned against the project’s ecological impact.
The Battle Over Ossietzkystraße: A Timeline of Disputes
The dispute centers around Gesobau’s planned development on Ossietzkystraße, a project that has drawn criticism for its potential harm to local biodiversity and green spaces. Environmental organizations, including BUND Berlin, Berliner Landesarbeitsgemeinschaft Naturschutz (BLN), and NaturFreunde Berlin, have been actively involved in the legal proceedings, arguing that Gesobau has consistently failed to meet environmental protection requirements.
Previously, Gesobau asserted that it did not require an nature conservation exemption for the construction. However, on January 15 and 28, 2026, the Pankow District Office issued orders prohibiting the removal of shrubs and trees without the necessary species protection exemption and/or a corresponding waiver. The district argued that Gesobau had not yet fully implemented the required species protection compensation and replacement measures.
The Berlin Administrative Court, in its decision of February 6, 2026 (VG 24 L 30/26), rejected Gesobau’s emergency motion against the prohibition order. The court stated, “The prohibition order proves to be obviously lawful upon summary review.”
Insufficient Compensation: A Pattern of Neglect?
The court’s decision hinged on Gesobau’s failure to implement timely and effective compensatory measures for the ecological impact of the tree felling. According to the court, Gesobau neglected to implement advance compensation measures that would have allowed it to remove trees and shrubs without a species protection exemption. The measures implemented so far were deemed ineffective and not fully functional in several respects.
Environmental groups, who were involved in the proceedings as interveners, highlighted specific deficiencies:
- Missing Compensation for Bird Species: Organizations pointed to a lack of adequate compensation for identified bird species.
- Ineffective Shrub Relocation: Some shrubs had not been replanted or had died, and new plantings were less than two years old, falling short of the minimum timeframe required for functional compensation as living spaces and food sources.
- Unusable Bat Towers: So-called bat towers, intended as replacement roosts for felled trees, have been sealed since April 2025, rendering them unusable. This was substantiated in court with photographic evidence from the Bürgerinitiative Grüner Kiez Pankow and nature conservation experts during on-site inspections on September 3, 2024, July/August 2025, and January 25, 2026.
The court concluded that the prohibition order was therefore not disproportionate, noting that a restriction of the felling ban to specific parts of the tree and shrub population was not an option based on Gesobau’s submissions. The district office also rightly pointed out the possibility of applying for a nature conservation exemption.
Expert Voices: A Call for Responsibility and Dialogue
Karsten Sommer, a specialist lawyer for administrative law representing the nature conservation associations, emphasized: “The court’s decision once again documents: the problem is not house sparrows, Nathusius’ pipistrelles, and other specially protected species, even in urban areas. Species protection law offers many possibilities to reconcile construction projects and species protection. Developers like Gesobau, who do not use these possibilities and violate species protection law, can and must be stopped by the nature conservation authorities.”
Antje Stavorinus of the Berliner Landesarbeitsgemeinschaft Naturschutz (BLN) expressed regret over Gesobau’s reluctance to engage in dialogue: “It is regrettable that Gesobau has for years refused the discussions we offered in connection with Ossietzkystraße. Presumably, a solution could have been found already, one that might not please everyone, but serves many. We are reluctant to pursue legal avenues, as this ties up many resources that we urgently need elsewhere. However, the current court decision proves us right in continuing to fight for compliance with nature and species protection law.”
Gabi Jung, Managing Director of BUND Berlin, criticized Gesobau’s approach: “It is incomprehensible to us why Gesobau has been trying for years to push through its oversized building plans for the green courtyards on Pankower Ossietzkystraße with a legally untenable ‘rambo mentality.’ We maintain our offer of dialogue to finally find a compromise solution for the development, for which plans have long been on the table. Rapid construction is also possible in Berlin. However, the species protection requirements must be observed and complied with early on. Solutions can be found in discussions and compromises, not in litigation. Gesobau has been rejecting this possibility for years – to everyone’s detriment.”
Britta Krehl of the Bürgerinitiative Grüner Kiez Pankow highlighted the local frustration: “Although it has participated in the species protection exemption procedure for the last two years, Gesobau has just claimed that it does not need a species protection exemption. This is simply incomprehensible to the people on site and harms Gesobau’s image and credibility. Enough is enough. For years, the Senate and Gesobau have been trying to push through their ‘concrete-head’ policy at the expense and with the money of tenants. Instead of pressure on authorities and wasted money, sustainable and future-proof solutions can only be developed together. The time to relent is now. We welcome the court’s decision and will continue to advocate for a life-friendly compromise for our neighborhood, but also for our entire city.”
The Road Ahead: What This Means for Gesobau and Pankow
With the felling season ending in less than three weeks, and the court’s reasoning making it impossible to legally begin clearing before the vegetation period, Gesobau faces significant delays and increased scrutiny. While the company has the option to appeal to the Higher Administrative Court, the current ruling reinforces the importance of adhering to environmental regulations and engaging in good faith with local communities and environmental organizations.
The case serves as a stark reminder that even large-scale development projects must navigate the complex landscape of environmental protection laws and public expectations. The ongoing conflict highlights the need for transparent processes, genuine dialogue, and a commitment to sustainable urban development in Berlin.
Source: https://www.bund-berlin.de/service/presse/detail/news/bauprojekt-am-schlosspark-in-pankow-gesobau-scheitert-mit-eilantrag-zu-rodungsverbot/
