Complaint against the Small Settlement Ordinance of the Thurgau Cantonal Government

Facts

In the canton of Thurgau, numerous small settlements are assigned to hamlet or village zones. On May 12, 2020, the Cantonal Government issued the Small Settlement Ordinance (Kleinsiedlungsverordnung, KSV) to create legal certainty during the transitional period until the adjustment of the cantonal structure plan and the municipal zoning plans. The KSV contains usage regulations for certain small settlements listed in the annexes and defined by parcel.

The owner of a parcel listed in Annex 1 of the KSV filed a complaint against the ordinance with the Federal Supreme Court. He requested the annulment of the KSV and in particular its Section 7.

Considerations

The Federal Supreme Court first examines its jurisdiction. It finds that the KSV is to be qualified as a land use plan within the meaning of Art. 14 of the Spatial Planning Act (Raumplanungsgesetz, RPG). According to Art. 33 RPG, a cantonal legal remedy must be provided for land use plans, which guarantees full review by at least one appellate authority.

Since the canton of Thurgau does not provide for a legal remedy directly against cantonal…