Facts
The municipal community of Udligenswil as well as [A.] , [B.] and [C.] filed an appeal against the building permit for the construction of a new cogeneration plant with a heat storage system and the relocation of a field road on plots no. 2392 and 2401 in Haltikon (Küssnacht am Rigi). They also challenged the approval of a minor zone boundary correction by the Government Council of the Canton of Schwyz. The Federal Court dismissed the appeal. It came to the following conclusions: - Appellants 2-4 are legitimised to appeal as neighbours, as they could be affected by emissions (noise, air pollutants). However, the municipality of Udligenswil has no right of appeal, as it does not assert any violation of its autonomy. - The non-involvement of the appellants in the procedure for the minor zone boundary correction does not violate federal law, as they were not considered affected parties. - The cogeneration plant does not require a basis in the cantonal structure plan, as it has no significant impact on space and the environment and does not require a high degree of coordination at the cantonal level. - The calculation of the operational noise emissions in the environmental impact report is correct and the relevant planning values are complied with. - The assessment of air pollutant emissions by the Federal Office for the…Dismissal of the appeal against the building permit for a cogeneration plant
1C_139/2017
Planning and Building Law