Facts
[A.] is the owner of a property in Hünenberg. On her plot, there is a 64 cm high concrete bollard that impedes access to the spur road, which provides access to several adjacent properties. The municipality of Hünenberg initiated a subsequent building permit procedure for the bollard and ultimately refused the building permit. [A.] filed a complaint against this decision.Considerations
The Federal Supreme Court ruled that the refusal to grant the subsequent building permit for the bollard on the complainant's property was not justified. The bollard is a structure that requires a permit, but the refusal of the building permit cannot be justified by the fact that the bollard impairs access to the properties accessed via the spur road. Either a procedure for the legal safeguarding of the use of the complainant's…