Complaint against new zoning in the interest of landscape and nature conservation

Facts

The Federal Supreme Court had to decide on two appeals in public law matters

• The Swiss Foundation for Landscape Conservation (SL) filed a complaint against the comprehensive revision of the local zoning plan of the municipality of Adligenswil, which included various new zoning designations.
• A., the owner of an affected parcel, also filed a complaint against the decision.

The Cantonal Court of Lucerne had denied the SL the right to appeal for most of the new zoning designations, as it did not involve a federal task. Only for the Blatten area did it affirm the right to appeal, as issues of biotope protection were disputed there.

Considerations

The Federal Supreme Court overturned the decision of the Cantonal Court and remanded the case to the Government Council of the Canton of Lucerne for a new review of the new zoning designations.

It concluded that the nature and heritage conservation associations can appeal against new zoning designations based on the revised Art. 15 of the Spatial Planning Act (RPG). These provisions on limiting the size of building zones establish a federal task…