Facts
X. intended to demolish and rebuild his semi-detached house in a scattered settlement. The property was located on agriculturally used parcels and was still used for agricultural purposes after 1972. In the meantime, the agricultural operation has been abandoned. The new building was not intended to serve agricultural management, commercial horticulture, or corresponding residential purposes.
The cantonal Building and Environment Department as well as the Oberegg District Council granted the building permit. The Swiss Heritage Society then filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the voluntary demolition and reconstruction of the semi-detached house in the scattered settlement is not permissible. Neither Art. 24d LPZ nor Art. 39 OPZ provide for an exception in such cases.
Art. 39 OPZ is…