Facts
In this case, the Federal Supreme Court had to decide whether the shop installations in the main railway station of Zurich are subject to the railway planning approval procedure or the cantonal building permit procedure. The City of Zurich had argued that the planned shops and other facilities in the main railway station should be subject to cantonal spatial planning law.
The facts show that in the course of the expansion of the main railway station of Zurich and the construction of the S-Bahn station Museumstrasse, an extensive building with four above-ground and five underground floors has been created. In addition to the railway facilities, it also contains around 7,000 m2 of space for commercial use, in particular more than 60 shops and service businesses.
Considerations
The Federal Supreme Court dismissed the appeal of the City of Zurich. It stated that the shop installations in the main railway station of Zurich, due to their structural and functional integration into the overall building, are subject to the railway planning approval procedure under Art. 18 para. 1 of the Railways Act (EBG). Although the shop areas of around 7,000 m2 are of considerable size, they are of secondary importance compared to the total area of the railway station.
The Federal Supreme Court emphasized that the shops do not have any independence in terms of construction and function, but are merely installations in the railway station facilities. They…