Facts
On 15 December 2000, [M. AG] submitted a building permit application to the Saanen municipal authority for two multi-family houses (Houses C1 and C2) with four apartments each and a shared car park. This project was to be implemented on a partial area of Parcel Saanen Gbbl. No. 4305, which is located in the residential zone W3a. Several landowners, including [Y. AG] , A. and [M.G.] , [M.C.] and [S.D.] , filed objections to the building permit application. The Saanen municipal authority dismissed the objections and granted the building permit.
The objectors filed an appeal against this decision with the Construction, Transport and Energy Directorate of the Canton of Bern (BVE). The BVE obtained expert reports and conducted a site inspection. Thereafter, [M. AG] submitted a project amendment application, reducing the number of parking spaces from 25 to 22. The BVE dismissed the appeals and approved the amended project with conditions.
A. and [M.G.] , [M.C.] and [S.D.] filed an administrative court appeal against the BVE's decision with the Administrative Court of the Canton of Bern. The court dismissed the appeal, insofar as it was admissible.
Considerations
The Federal Supreme Court examined whether the administrative court appeal was admissible. It concluded that this appeal was only admissible to the extent that the appellants invoked federal administrative law outside the scope of spatial planning law. Insofar as they alleged a violation of the duty to coordinate based on cantonal law, only a constitutional appeal was admissible.
On the merits, the Federal Supreme Court considered the…