Facts
On June 2, 2010, the municipal assembly of Golaten decided to revise the local zoning plan and designated eleven areas in the zoning plan as intensive agricultural zones for greenhouses. Such a zone was specifically delineated on the south side of the village of Golaten. Parcel No. x, which is located to the north and adjacent to this area and is situated in the village center zone, is owned by A., who filed an objection to the revision of the local zoning plan.
On December 6, 2010, the Office for Municipalities and Spatial Planning of the Canton of Bern approved the revision of the local zoning plan of the municipality of Golaten and dismissed the objection filed by A. He then filed a complaint, which the Justice, Municipal and Church Directorate (JGK) of the Canton of Bern dismissed on September 15, 2011. A. challenged this decision with an appeal to the Administrative Court of the Canton of Bern, which dismissed it in a judgment dated January 14, 2013, particularly with regard to the delineation of the intensive agricultural zones.
A. (the appellant) is filing an appeal in public law matters against the judgment of the Administrative Court of January 14, 2013, requesting that the contested judgment be set aside with regard to the "delineation of intensive agricultural zones" and that the matter be remanded to the municipality of Golaten for a new decision.
Considerations
The Federal Court states that the concentration principle applicable to building zones must also be applied analogously to intensive agricultural zones. Since the appellant is spatially burdened by the assignment of the area south of his property to the intensive agricultural zone, he is entitled to challenge the violation of the concentration principle with regard to the arrangement of all intensive agricultural zones designated in the municipal area.
The Federal Court considers it necessary…