Refusal of Building Permit in a Residential Zone

Facts

[H.], F., M., G. and B. (hereinafter: [H.] and others) submitted a preliminary application in July 1999 to the Department of Spatial Planning, Infrastructure and Housing of the Republic and Canton of Geneva (hereinafter: the cantonal department) for a construction project - a group housing development - on land they own in Vernier. This land, currently cultivated, is classified in the 5th zone of the cantonal zoning plan, which is a residential zone intended for villas. On April 20, 2000, the cantonal department refused the preliminary authorization, mainly due to the non-compliance of the project with the standards on the equipment of building zones and noise protection. [H.] and others appealed against this decision to the Cantonal Appeals Commission for Construction Matters, which upheld the appeal and referred the case back to the cantonal department. The latter then appealed against this decision to the Cantonal Administrative Court, which dismissed the appeal. The State of Geneva finally filed an administrative law appeal to the Federal Tribunal to have the judgment of the Administrative Court annulled.

Considerations

The Federal Tribunal examines the admissibility of the appeals submitted to it ex officio and freely. In this case, the dispute concerns a building permit within the meaning of Art. 22 of the Federal Spatial Planning Act, in a building zone within the meaning of the Federal Spatial Planning Act. According to Art. 34(3) of the Federal Spatial Planning Act, decisions taken at the last cantonal instance on building permits are final, with the reservation of the public law appeal. The appealing canton cannot therefore assert a violation of Art. 24 et seq. of the Federal Spatial Planning Act, which govern the exceptions provided for outside the building zone, as these provisions do not apply in the present case.

Furthermore, although the contested judgment is also…