Facts
The Migros Zurich Cooperative and Seedamm Immobilien AG intend to expand the Seedamm-Center Pfäffikon shopping center. The project includes, among other things, the addition of floors to the existing retail building as well as the construction of a new building with a Migros specialty store and garden center, a new gas station, and a new parking garage. At the same time, the connection to the road network is to be improved through a direct link to the motorway and an expansion of the access to the Churerstrasse, which is owned by the canton.
There is a zoning plan for the shopping center, which is to be amended with regard to the planned expansion. The Swiss Traffic Association (VCS) filed an objection to the plan amendment, which was rejected by the Freienbach Municipal Council. The VCS then filed a complaint with the Cantonal Government, which partially upheld the legal remedy and reduced the number of permitted parking spaces. Both the VCS and the Migros Zurich Cooperative and Seedamm Immobilien AG appealed this decision to the Administrative Court of the Canton of Schwyz, which dismissed the appeals.
The VCS has filed an administrative court appeal against the judgment of the Administrative Court.
Considerations
The Federal Supreme Court upholds the appeal and remands the case to the Administrative Court.
The key points of the reasoning are
- The expanded shopping center is to be classified as a new facility within the meaning of the Air Pollution Control Ordinance, as it will cause higher emissions.
- The shopping center is located in…