Facts
A. and other co-owners of Parcel No. h on Seestrasse in Rüschlikon want to build a single-family house with a garage on their property. For an initial project, the Building Directorate of the Canton of Zurich refused the permit under the Concession Act, as the construction project did not comply with the required distance from the water. This decision was overturned by the Federal Supreme Court.
During the ongoing appeal proceedings, the building owners submitted an alternative construction project, for which the Rüschlikon Building Commission granted the building permit and the Building Directorate granted the permit under the Concession Act and the Water Protection Act. The Swiss Heritage Society (SHS) and the Zurich Association for Heritage Protection (ZVH) appealed against these decisions. The Building Appeal Court upheld the appeal of the SHS and revoked the permits. A. and the co-participants appealed against this decision to the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal and remands the case to the Building Directorate of the Canton of Zurich and the Rüschlikon Building Commission for a new decision.
According to the considerations of the Federal Supreme Court, it must first be examined whether the building plot is located in a densely built-up area, which is a prerequisite for the granting of an exceptional permit under Art. 41c para. 1 sentence 2 of the Water Protection Ordinance (GSchV). The Federal Supreme Court concludes that the area on the lake side of Seestrasse is to be classified as densely built-up, as the Lake Zurich shoreline strip is heavily developed with a shore wall and a dense succession of boat and…