Admissibility of a change of use of a kiosk to a restaurant outside the building zone

Facts

In 1971, the Cantonal Building Commission of the Canton of Valais granted a building permit for the construction of a kiosk on the Riederfurka. In 1992, it approved an extension to expand the kiosk, and in 1998, it allowed the conversion of the kiosk. B. operates the building as a kiosk and refreshment stand. In 2000, B. applied for a change of use of the building from a kiosk to a restaurant. The Cantonal Court of the Canton of Valais rejected the application, as the requirements under the Cantonal Building Act were not met. B. then filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that according to the revision of the Spatial Planning Act (SPA) that entered into force on 1 September 2000, a change of use of existing buildings outside the building zone without construction measures can be approved in accordance with Art. 24a SPA, provided that no new impacts on space, infrastructure and the environment arise and the change is not prohibited by any other federal decree. The Cantonal Court had not yet taken this provision into account…