Facts
A. AG and various residents and condominium owners of the properties Walzmühlestrasse 55/57 filed an objection to the development plan "Wohnüberbauung Walzmühle" of the City of Frauenfeld. The Frauenfeld City Council dismissed the objection on November 15, 2005. The appellants filed an appeal against the appeal decision of the Department of Construction and Environment of the Canton of Thurgau dated June 7, 2007 with the Administrative Court of the Canton of Thurgau. The Administrative Court dismissed the appeal on May 21, 2008, insofar as it could enter into it.
With an appeal in public law matters dated September 15, 2008, the appellants requested that the decision of the Administrative Court be set aside and the matter be remanded to the Administrative Court for a new assessment. Alternatively, the development plan "Wohnüberbauung Walzmühle" should not be approved.
Considerations
The Federal Court does not enter into the appeal. According to the case law, the Federal Court only enters into appeals against appeal decisions on the determination of zoning plans if there is an approval decision within the meaning of Art. 26 para. 3 RPG and this could be reviewed by the last cantonal instance.
In the present case, the approval decision of the Department of Construction and Environment of June 22, 2007 was not communicated to the affected landowners or the neighbors. Thus, the approval decision could not be…