Facts
The appellant A. is the owner of several properties in the municipality of Bregaglia, including a developed parcel and two undeveloped parcels in the Motta di Larasc area in the Capolago district. Neighbors B., C., and D. have submitted a building permit application for their property No. 1257, against which A. has filed an objection.
A. requested the Municipality of Bregaglia to review the municipal zoning plan and, in particular, the existing building zone reserves. The municipality rejected the request. A. then filed a complaint with the Administrative Court of the Canton of Graubünden, which was dismissed. A. has appealed against this judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court holds that A. is entitled to demand a review of the zoning plan, as a redimensioning of the building zones in the vicinity of her properties is at least to be considered. Since the last comprehensive revision of the local planning in the former municipality of Stampa in 2003, the circumstances have changed significantly, in particular due to the adoption of the Second Homes Initiative and the entry into force of the Second Homes Act.
The Federal Supreme Court obliges the Municipality of Bregaglia to review the applicable…