Facts
On June 15, 2011, [A. AG] submitted an application to the Walchwil Municipal Council for the renovation of a single-family house located at the edge of the forest outside the building zone. The residential building was to be maintained in its existing size of 231 m². In July 2011, the municipality forwarded the files to the cantonal Office of Spatial Planning, as exceptions to the forest distance requirement and construction projects outside the building zones require the approval of the canton.
In September 2011, the Office of Spatial Planning approved the renovation of the residential building subject to conditions. However, during the rough construction inspection in December 2012, it was found that the existing residential building had been completely demolished and a new building had been constructed. The municipality then ordered a construction stop and demanded the submission of a subsequent building permit application.
In July 2013, the Office of Spatial Planning rejected the subsequent building permit application for the new building with a size of 231 m² and ordered that the residential building be moved out of the forest distance and reduced to 150 m².
[A. AG] appealed this decision to the Administrative Court of the Canton of Zug. In June 2014, the court dismissed the appeal and referred the matter back to the Walchwil Municipal Council to decide on the timing and circumstances of the demolition or any possible relocation.
Considerations
The Federal Supreme Court held that the subsequent building permit was rightly refused. The regulations on forest law and spatial planning law must be observed. New construction within the legal forest distance of 12 m is not permitted, as a relocation of…