Facts
On July 13, 2012, C. and D.E. as well as B. AG submitted an application to the municipality of Wollerau for the construction of three single-family houses on plots KTN 2392 and KTN 1663. The Federal Supreme Court overturned the permit for these houses in its judgment of October 13, 2015.
On January 22, 2016, C. and D.E. as well as B. AG submitted a new application for the demolition of the barn on the property KTN 2392 and the construction of three single-family houses on plots KTN 2392 and KTN 1663. A. filed a complaint against this.
Considerations
The Federal Supreme Court examined whether it is compatible with federal law to place the projected buildings directly on the zone boundary between the construction and agricultural zones or even to partially protrude into them.
The Federal Supreme Court concluded that a residential building, which due to its placement on the zone boundary has an impact on an adjacent agricultural zone, must comply with both the regulations of the construction zone in which the building is erected and those of the agricultural zone. Since non-agricultural residential buildings are not in conformity with the agricultural zone, such…