Facts
The Canton of Aargau plans to conduct test drilling in a forest area to investigate the limestone and marl deposits required for cement production. Grundhof Bözberg AG, the owner of a property in the immediate vicinity of the drilling site, filed an objection to the expropriation request for the implementation of the test drilling.
The Federal Supreme Court must decide whether a building permit under the Spatial Planning Act (Raumplanungsgesetz, RPG) is required for the planned test drilling.
Considerations
The Federal Supreme Court concludes that the planned test drilling in the forest area requires an exceptional permit under Art. 24 RPG.
While small-scale projects with a minor impact and that do not affect public or neighboring interests are not subject to a permit requirement according to the case law of the Federal Supreme Court, the negative impacts associated with the test drilling at the specific location in the forest, in a BLN object (object of national importance), and in a particularly vulnerable water protection area, are to be considered so significant that the…