Facts
The planned mobile phone installation of Orange Communications SA is to be erected on the railway premises in Rothenburg Dorf. Several residents filed a complaint against the building permit granted by the Emmen Municipal Council. The Administrative Court of the Canton of Lucerne dismissed the complaint, as it considered the railway premises to be part of the building zone and therefore no special permit under Art. 24 SPA was required. The residents appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court confirmed the decision of the Administrative Court. It stated that the railway premises, although shown as a white area in the zoning plan of the municipality of Emmen and not assigned to any zone, should be considered part of the building zone due to its location amidst building zones and the existing development for railway purposes. Therefore, no special permit under Art. 24 SPA is required, but only a regular building permit, for which there is a legal entitlement, provided that the relevant regulations are complied with.
The Federal Supreme Court also denied the obligation to coordinate the planned mobile phone installation with existing installations in the surrounding area. Such coordination can only be required if the applicable cantonal or municipal law provides for it,…