Facts
On June 29, 2015, the Cantonal Council of the Canton of Zurich adopted a partial revision of the cantonal structure plan, which included the establishment of a heliport with a federal base on the municipal territory of Wangen-Brüttisellen. The municipality of Wangen-Brüttisellen subsequently filed an appeal with the Federal Supreme Court to have this designation in the structure plan revoked.
The Federal Supreme Court concluded that the establishment of a heliport with a federal base is a federal task for which the Confederation prepares the necessary sectoral plans. Therefore, the Federal Council's approval of the partial revision of the cantonal structure plan is constitutive in this respect. The decision of the Cantonal Council can therefore only be challenged before the Federal Supreme Court after a possible positive approval decision by the Federal Council, insofar as the designation of the heliport is concerned.
Since there was no approval decision by the Federal Council at the time of the appeal, the Federal Supreme Court did not enter into the appeal.
Considerations
In its reasoning, the Federal Supreme Court stated that structure plans are generally binding on authorities, which is why they cannot be directly challenged by private individuals. However, structure plans that are directed at municipalities and impair their autonomy can be challenged by the municipalities before the Federal Supreme Court.
In the case of federal tasks such as the establishment of a heliport with a…