Admissibility of an exceptional permit for the expansion of a mobile phone antenna outside the building zone

Facts

The municipality of Sool and neighbour X. appeal against the decision of the Administrative Court of the Canton of Glarus, which confirmed the granting of an exceptional permit for the expansion of an existing mobile phone antenna outside the building zone by Swisscom Mobile AG. The antenna mast has been located on a parcel outside the building zone in the municipality of Sool since 1956. Swisscom plans to install 9 new antenna units for the construction of the UMTS network and to improve the GSM coverage, as well as to remove 31 outdated antennas. The municipality of Sool and neighbour X. object to the granting of the exceptional permit under Art. 24 of the Spatial Planning Act (SPA).

Considerations

The Federal Supreme Court dismisses the appeal: - The appeal in public law matters is admissible, as the municipality and the affected neighbour have a legitimate interest in the revocation of the decision. - The Administrative Court rightly found that the site-specific nature of the mobile phone antenna within the meaning of Art. 24 lit. a SPA is given. The location…