Facts
A. AG filed an objection against the construction project of B., who wanted to demolish the existing buildings on his properties and erect two multi-family houses and a car garage in their place and on another property. The Municipal Council of Dagmersellen granted the construction project under conditions and requirements and issued the necessary exceptional permits under water protection and hydraulic engineering law.
A. AG then filed an administrative court appeal, which was dismissed by the Administrative Court of Lucerne. Against this decision, A. AG filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal and rejects the building permit application. It concludes that the building plots do not constitute a "densely built-up area" within the meaning of Art. 41c para. 1 sentence 2 of the Water Protection Ordinance (GSchV), which would be a prerequisite for an exceptional permit.
The term "densely built-up area" must be interpreted restrictively, as it allows for exceptions to the principle of protection and extensive use of the water body area pursuant to Art. 36a of the Water Protection Act (GSchG). The Federal Supreme Court does not consider the prerequisites to be met in the present case, as it is a peripheral area where only a length of about 100 m of the shore is built up.
The fact that the Wigger river in the section in…