Facts
[A.] is the owner of three parcels in Oftringen, which were previously used as a residential zone but are now designated as an agricultural zone. In 2010, he received a building permit for the demolition of a patio cover, the construction of a conservatory, and the basement conversion of the residential building. Subsequently, [A.] carried out further modifications to the surroundings without a building permit, for which he submitted a retrospective building application in 2016.
The Building Permits Department of the Canton of Aargau then ordered the removal of the unauthorized constructions, such as a vegetable garden, a stream, and a quarry stone wall. [A.] appealed against this decision. The Government Council of the Canton of Aargau partially revoked the removal orders and tolerated some of the unauthorized modifications. Both [A.] and the Federal Office for Spatial Development (ARE) then appealed against the decision of the Government Council.
Considerations
The Federal Supreme Court decided that the maximum permissible modification and expansion possibilities for [A.] 's property had already been exhausted by the building permit granted in 2010. Further unauthorized modifications, such as the conservatory and the expansion of the patio, are therefore no longer permitted.
Regarding the removal of the unauthorized constructions, the Federal Supreme Court found that there is a public interest in restoring the lawful state. [A.] cannot invoke the principle of good faith, as he erected the buildings without a permit. His financial interest can also only be taken…