Facts
Gravel has been extracted in Oberwangen (municipality of Köniz) for around one hundred years. On May 21, 2000, the municipality of Köniz adopted a development plan with a zoning plan amendment "Abbauschwerpunkt Wangental" (Wangental Extraction Focus), which regulates gravel extraction over the next approximately 50 years within an extraction perimeter. The development plan contains development regulations, development plans, and construction projects for gravel extraction and processing.
[A.] and [B.] filed a complaint against the development plan. The Administrative Court of the Canton of Bern dismissed the complaint on April 14, 2003. Subsequently, [A.] and [B.] filed an administrative court appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court first notes that the disputed extraction zone is to be classified as a non-construction zone, as it is to be returned to its previous use (agriculture, forest) after the gravel extraction. Therefore, Art. 15 of the SPA, which prescribes a planning horizon of 15 years, is not directly applicable.
The Federal Supreme Court considers the chosen planning horizon of approximately 50 years to be appropriate. This horizon takes into account the identified need for gravel, the necessary investments for the development, and the fact that the extraction area forms a spatially enclosed unit. The appellants can exercise their participation rights in the future through the review and adaptation of the development plan in accordance with Art. 21 para. 2 SPA.
Furthermore, the Federal Supreme Court finds that the requirements for the deforestation permit are met. The FOEN has issued a binding positive statement on the…