Facts
Arosa Bergbahnen AG planned to demolish the existing mountain restaurant "Weisshorngipfel" and build a larger restaurant on the summit plateau of the Aroser Weisshorn. The Swiss Heritage Society filed an appeal against the issued building permits.
The Federal Supreme Court partially upheld the appeal. It ordered additional requirements to minimize the impact of the new construction on the landscape. These include the complete demolition of the existing mountain restaurant, the restoration of the site, and measures to avoid light pollution.
Considerations
The Federal Supreme Court examined whether the disputed mountain restaurant meets the requirements for site-specific location and landscape protection. It concluded that the new construction, despite its exposed location on the summit, does not represent a significant additional impairment of the landscape, as the summit plateau is already heavily built-up.
However, the Administrative Court should have submitted the project to the Federal Commission for the Protection of Nature and Cultural Heritage (ENHK) for assessment, as it is an important case within the meaning of the Nature and Cultural Heritage…