Non-Consideration Decision of the Zurich Administrative Court in a Construction Matter

Facts

The Municipal Council of Stäfa granted A.Y. and B.Y. the building permit for the construction of a single-family house with a double garage. The neighbor X., owner of a property located approximately 280 m away, filed an appeal with the cantonal Building Appeal Commission. The Building Appeal Commission partially upheld the appeal and obliged the building owners to install a traffic mirror. In all other respects, the Building Appeal Commission denied the appellant's right of appeal.

The Administrative Court of the Canton of Zurich did not enter into the complaint filed by X. based on § 338a of the cantonal Planning and Building Act due to the complainant's lack of right of appeal.

Against the non-consideration decision of the Zurich Administrative Court, X. filed both an administrative court appeal and a constitutional appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court does not enter into the administrative court appeal, as the cantonal norms on nature and heritage protection as well as traffic safety invoked by the appellant before the Administrative Court cannot be considered as implementing provisions within the meaning of Art. 33 para. 2 RPG. Therefore, Art. 33 para. 3 lit. a RPG…