Rejection of the Environmental Impact Assessment for the "Cinema by the Pool" in Dielsdorf

Facts

The Federal Court decided that no Environmental Impact Assessment (EIA) needs to be carried out for the "Cinema by the Pool" in Dielsdorf. The Swiss Traffic Association (VCS) had appealed against the building permit for the open-air cinema and claimed that an EIA was mandatory. The Administrative Court of the Canton of Zurich had denied the EIA requirement, which the Federal Court has now confirmed. The Federal Court concluded that the "Cinema by the Pool" does not represent a significant change to the existing sports and leisure facility Erlenpark. According to calculations by the Federal Office for the Environment (FOEN), the additional environmental impact due to increased traffic is only minor and negligible. The fact that a noise protection report was obtained for the cinema project does not automatically lead to an EIA requirement. The Federal Court therefore dismissed the appeal by the VCS.

Considerations

In its reasoning, the Federal Court stated that for an EIA requirement, a "significant change" to the existing facility must be present. This was not the case here, as the additional environmental impact from the cinema operation is only minor. The Administrative Court had not obviously misjudged the facts in this respect.

Furthermore, the Federal Court clarified that the mere fact that a noise protection report was obtained for the project does not automatically establish…