Facts
The municipality of Mühleberg subjected its local zoning plan to a revision and publicly displayed the revised zoning plan and the new building regulations. In this, the route of the Bern-Neuchâtel railway was partially assigned to the landscape protection area "Chrüzfeld/Flüelengraben", an archaeological protection area was designated, which also extends to the railway area, and the Gümmenen railway viaduct was designated as a cultural object.
The railway company filed an objection against these protection measures and argued that the railway premises are generally subject to federal legislation and must not be encumbered with restrictions. However, the objection was dismissed.
The railway company filed an appeal against the decision of the Building Directorate with the Cantonal Government, which was also dismissed. Thereupon, the railway company filed a constitutional appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court ruled that cantonal spatial planning regulations such as the contested protection provisions can generally also apply to railway properties and structures. While the Confederation has the basic legislative power in the field of nature and heritage protection, the cantons are free to specify the protection measures in detail and to extend the protection to additional objects.
Railway facilities can also be historical monuments and can be placed under monument protection, provided that this does not disproportionately restrict the fulfillment of the…