Facts
The Federal Supreme Court has upheld the appeals against the Neighbourhood Plan "Steig" in the city of Schaffhausen in two consolidated proceedings (1C_130/2014 and 1C_150/2014) and overturned the decision of the High Court of the Canton of Schaffhausen.
The Neighbourhood Plan was adopted by the City Council of Schaffhausen with the consent of the landowners and approved by the Government Council of the Canton of Schaffhausen. The owner of the listed property "Vorderer Stokarberg" adjacent to the Neighbourhood Plan area appealed against this, and the High Court upheld the appeal.
The appellants A. AG, B. GmbH and the Municipality of Schaffhausen challenged the decision of the High Court before the Federal Supreme Court. The Federal Supreme Court concluded that the lower court had exceeded its jurisdiction and thereby violated the autonomy of the municipality.
Considerations
The Federal Supreme Court stated that the municipality has its own discretion and scope of interpretation in the application and interpretation of the provisions of the municipal building code. The concentration of the building substance in the peripheral areas provided for in the Neighbourhood Plan ensures the preservation of the surrounding areas of the protected buildings. The increase in utilization by one-seventh from 0.35 to 0.40 remains within the framework. The larger volume of the building in construction site B is also acceptable, as it roughly corresponds to the surrounding reference buildings and the building height is oriented to the "Steig" villa.
The Federal Supreme Court concluded that the conclusion of the municipal planning…