Rejection of the rezoning of an agricultural hamlet into the core zone by the Swiss Heritage Protection Association

Facts

By decision of September 10, 1993, the municipal assembly of Rickenbach assigned the agricultural hamlet "Hinter-Grüt" to the core zone. The Zurich Heritage Protection Association (ZVH) and the Swiss Heritage Protection Association (SHS) then filed an administrative court appeal and a constitutional appeal against the decision of the Zurich Cantonal Government, which had dismissed the appeals against the rezoning.

The Federal Court did not enter into the constitutional appeal and dismissed the administrative court appeal, insofar as it entered into it.

Considerations

The Federal Court stated that land use plans can be challenged by administrative court appeal, insofar as it is claimed that their determination circumvents Art. 24 of the Spatial Planning Act (RPG). This was the case here, as the appellants complained that the disputed core zone had been established in violation of Art. 24 RPG.

The Federal Court affirmed the right of the Swiss Heritage Protection Association (SHS) as a nationwide organization to appeal pursuant to Art. 12 of the Federal Act on the Protection of…