Facts
The Pilatus Railway Company has been illuminating the two Pilatus peaks "Esel" and "Oberhaupt" with nine spotlights on a temporary basis since 1991. Due to various reactions, the Building Directorate of the Canton of Nidwalden demanded a proper building permit procedure, in which the Swiss Heritage Society filed an objection. On August 17, 1993, the Building Directorate subsequently granted the Pilatus Railway Company a retrospective special land use permit for the installation and operation of the system, subject to certain conditions and requirements.
The Swiss Heritage Society appealed against this permit, which was rejected by the Nidwalden Cantonal Government and the Administrative Court of the Canton of Nidwalden. The Swiss Heritage Society then filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court affirmed the requirement for a permit for the lighting system under Art. 22 para. 1 of the Spatial Planning Act, as it is a permanent installation that temporarily alters the illuminated space. A permit under Art. 24 para. 2 of the Spatial Planning Act was not applicable, as it did not involve a minor modification of the existing mountain station.
The site-specific nature of the installation outside the building zone was affirmed, as the illumination of the Pilatus peaks is technically dependent on this location. In assessing the undiminished preservation of the BLN…