Facts
On August 12, 2015, the Building Commission of the municipality of Malans granted E. the building permit for the demolition of a shed, the construction of a winery building, and the construction of an access road on a parcel located in the green zone. The objections to the construction project were dismissed. By decision of April 4, 2017, the Administrative Court of the Canton of Graubünden upheld the appeal filed against this decision and referred the matter back to the municipality.
On February 7, 2018, the Building Commission confirmed the building permit after receiving the assessment of the newly appointed construction advisor and again dismissed the construction objection to be re-examined. Against this decision, [B.] and co-participants jointly filed an objection with the Municipal Council, which dismissed the objection on June 26, 2018. The Administrative Court upheld this decision on May 7, 2019.
By submission of August 16, 2019, A., [B.], C., and D. filed an appeal in public law matters with the Federal Supreme Court. They request that the contested decision of the Administrative Court be set aside and that the construction project (new construction of the winery building, new construction of the access road) planned by the respondent on Parcel No. 1283 be refused a building permit.
Considerations
The Federal Supreme Court concludes that the municipal green zone, whose main purpose is the protection of the townscape, is to be classified as a non-construction zone. Buildings and facilities outside the construction zones require an exceptional permit according to Art. 24 et seq. of the Spatial…