Facts
The facts of the case concern the renovation and expansion of a furniture store in Zurich-Schwamendingen. On 20 January 1999 and 26 February 2001, the Building Section of the City of Zurich granted the [X. AG] the necessary building permits for the renovation, which increased the sales area from 6,300 m2 to 11,270 m2. The Swiss Traffic Association (VCS) then filed an appeal with the Government Council of the Canton of Zurich, requesting the revocation of the building permits and the conduct of an Environmental Impact Assessment (EIA). The Government Council did not enter into the appeal. Against this decision, the VCS filed a complaint with the Administrative Court of the Canton of Zurich, which upheld the complaint and revoked the building permits. [X. AG] now files an administrative court appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court confirms that the furniture store, due to the significant expansion of the sales area, is subject to the EIA requirement. An EIA is necessary, as the change may lead to a significant change in environmental impact, particularly through a possible increase in traffic volume. The Administrative Court was therefore entitled to order an EIA, without the need for detailed investigations into the environmental impacts to be carried out beforehand.
Furthermore, the Federal Supreme Court holds that the VCS has not forfeited its right of appeal under Art.…