Facts
The Richti construction consortium plans to build a multi-part administrative complex with around 2,700 workplaces on a site in Wallisellen. The Wallisellen Municipal Council granted a building permit for this with numerous ancillary provisions. The Traffic Club of Switzerland (VCS) filed an appeal against this and later an administrative court appeal.
The Federal Supreme Court dismisses the VCS's administrative court appeal, insofar as it enters into it. The decision includes the following main points:
- The two-stage environmental impact assessment (EIA) in the cantonal procedure is admissible, as Zurich law does not exclude a multi-stage EIA.
- The review of the zoning plan in the building permit procedure is inadmissible.
- The additional air pollution caused by the project does not jeopardize the implementation of the air pollution control plan.
- The development of the area through public transport and the road network is sufficient.
- The minor exceedances of the noise planning values at two measurement points do not preclude the fine development of the area.
Considerations
The Federal Supreme Court considers the two-stage EIA in the cantonal procedure to be admissible, as Zurich law does not exclude a multi-stage assessment of environmental compatibility. It denies a violation of federal law by not reviewing the zoning plan in the building permit procedure, as environmental protection organizations are not entitled to do so.
With regard to air pollution, the Federal Supreme Court concludes that the additional…