Facts
The Federal Supreme Court annuls the public design plan "Spital Uster" of 11 September 2015 and the judgment of the Administrative Court of the Canton of Zurich of 1 April 2020. The appellants, owners of properties on Wagerenstrasse, had appealed against the adoption of the design plan by the Municipal Council of the City of Uster, the municipal referendum, and the approval by the Building Directorate of the Canton of Zurich.
The Federal Supreme Court finds that the balancing of interests required for the preparation of the design plan pursuant to Art. 3 of the Spatial Planning Ordinance (RPV) was insufficient. The authorities have not sufficiently identified and weighed against each other the private and public interests, in particular those of the Federal Inventory of Swiss Heritage Sites (ISOS).
Furthermore, the authorities have not correctly presented the deviations of the design plan from the applicable zoning plan. The appellants have plausibly shown that the maximum permissible building height was previously 18 meters, while the authorities consistently assumed 25 meters.
Considerations
The Federal Supreme Court considers the violation of Art. 3 RPV to be proven and therefore…