Facts
The appellant [W.] is the owner of a house located in the agricultural zone that is not used for agricultural purposes on the Untere Scheidegg. Between 1991 and 1997, he received several building permits for renovations and expansions, which led to a significant increase in the gross floor area and usable floor area. Subsequently, he submitted an additional building application that provided for further renovations and changes of use. Third parties filed an objection to the building permit issued as a result. The Cantonal Court annulled the permit and ordered the appellant to remove the illegally constructed building parts and restore the condition according to the originally approved plans.Considerations
The Federal Court upheld the decision of the Cantonal Court. It stated that in the assessment of construction projects outside the building zone, not only the gross floor area, but a comprehensive consideration of all spatially relevant elements is decisive. The changes made by the appellant went beyond the permissible extent of a partial modification within the meaning of Art. 24 para. 2 of the old Spatial Planning Act…