Facts
The Teuftal Landfill AG (DETAG) operates a landfill in Teuftal near Heggidorn, municipality of Mühleberg, which was approved in 1971. Additionally, the Teuftal Residual Waste Landfill AG (RSDT AG) has been operating a residual waste landfill on the landfill premises since 1991/92. On October 18, 1995, the District Governor of Laupen rejected DETAG's request to approve the construction of a residual waste solidification plant on the landfill premises. DETAG appealed the refusal to grant the approval to the Administrative Court of the Canton of Bern, which overturned the contested decision and remanded the case to the Directorate of Construction, Transport and Energy for further proceedings. The municipality of Mühleberg then filed an administrative court appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court overturned the judgment of the Administrative Court and rejected DETAG's request for the construction of the residual waste solidification plant. It justified this as follows:
Although the Teuftal Landfill has a grandfathered approval and thus enjoys protection of existing uses, it would be subject to the planning obligation under Art. 2 of the Spatial Planning Act (RPG) according to today's understanding. The approval of additional buildings and facilities on the landfill site based on a "derived site-specific requirement" is problematic, as it would undermine the objectives pursued by the planning obligation and could prejudice the…