Neighbors' Appeal Against the Building Permit Granted to a Hotel

Facts

D. and H. are owners of parcels located in the vicinity of parcel no. 3405 belonging to X., on which the latter has obtained a building permit to construct a hotel complex. The neighbors have filed an appeal against this permit, citing in particular the non-conformity of the project with the zoning designation and the municipal regulations regarding the volume of buildings, as well as the excessive noise nuisance related to the operation of the hotel.

The Cantonal Tribunal initially upheld the neighbors' appeal, but the Federal Tribunal annulled this decision, considering that the Cantonal Tribunal had violated Art. 2 of the Federal Constitution in conjunction with Art. 33(3)(a) of the Federal Spatial Planning Act and Art. 103(a) of the Federal Supreme Court Act by denying the appellants the right to appeal. The Federal Tribunal remanded the case to the Cantonal Tribunal for a new examination.

Upon re-examination, the Cantonal Tribunal this time upheld X.'s appeal and annulled the decision of the State Council that had initially granted the neighbors' appeal.

Considerations

The Federal Tribunal first examines the appellants D. and H.'s right to appeal under Art. 88 of the Federal Supreme Court Act. It considers that they are entitled to challenge the Cantonal authority's denial of their right to appeal against the building permit granted to X.

On the merits, the Federal Tribunal finds that Art. 33(3)(a) of the Federal Spatial Planning Act applies in this case, as the appellants have contested the conformity of the project with the regulations governing the use of the T3 zone as well as the municipal regulations on the volume of buildings and noise nuisance. Therefore, the appellants' right to appeal in the Cantonal proceedings should…