Facts
The Canton of Zurich as the owner of a parcel filed a complaint against the decision of the Glattfelden Municipal Council to establish an easement burdening its parcel in the "Sod" neighbourhood plan. The easement was intended to prohibit commercial outdoor activities and the handling and storage of goods causing dust and odour emissions on the parcel, in order to limit the emissions from the composting plant operated there. The Federal Supreme Court overturned the decision of the Administrative Court, which had affirmed the admissibility of the easement. It concluded that the legal basis for the compulsory establishment of an easement with emission-limiting content in the neighbourhood plan procedure was lacking. Reliance on the provision on land consolidation in the cantonal Planning and Building Act was inadmissible, as this only referred to easements related to development and infrastructure. Furthermore, in the absence of a written easement contract, the easement was null and void under federal law.Considerations
The Federal Supreme Court stated that the Confederation has comprehensive legislative competence in environmental protection law with subsequent derogatory effect. The cantons can only legislate in this area to the extent that the Confederation has not…