Refusal of a new building zone in the absence of compensation through an equivalent reclassification

Facts

As part of a general revision of its local zoning plan, the municipality of Attalens planned to designate a 14,292 m2 plot belonging to the estate of X as a building zone. This decision was the subject of successive appeals to the cantonal authorities, who ultimately approved it.

Residents of the affected residential neighborhood then filed a public law appeal against this decision with the Federal Tribunal.

Considerations

The Federal Tribunal upheld the appeal. It considered that Art. 38a para. 2 of the Spatial Planning Act (SPA), which entered into force on May 1, 2014, responds to an overriding public interest justifying its immediate application, including to pending procedures.

This provision stipulates that in the absence of a cantonal structure plan in line with the new law, no new building zone can be created…