Facts
The community of heirs [X.] is the owner of the property with Cadastral No. 5309 in Rüschlikon. In 2000, they erected three horse stables without a permit, two of which were located in the forest. The authorities then demanded the demolition of the two stables in the forest and only granted a permit for the third stable. The community of heirs filed an appeal against these decisions. However, the Federal Court dismissed the appeal. It concluded that the two horse stables in the forest cannot be classified as non-forestry small buildings within the meaning of the ForA. Furthermore, the appellants were unable to present any important reasons that would outweigh the public interest in preserving the forest and justify an exceptional permit. Therefore, the Federal Court confirmed the demolition order for the two stables in the forest as proportionate.Considerations
According to the ForA, construction projects that permanently or temporarily misappropriate forest land require a deforestation permit. Exceptions are only provided for forestry buildings and facilities as well as for non-forestry small buildings and facilities that only claim the forest land in a punctual or insignificant manner.
The Federal Court concluded that the two horse stables with floor areas of 72 m² and 80 m² as well as a partially paved forecourt of a total of 370 m² claim the forest…