Facts
The appellant [B.] received a permit on 23 January 1984 to erect a beehive on a parcel located outside the building zone in the forest, valid for 10 years. On 11 January 1994, he requested the municipal council of Zeihen to extend the permit for another 10 years. The request was denied, as the authorities considered that beehives in the forest are not in conformity with the zoning regulations and that overriding public interests of nature and landscape protection prevail. [B.] then filed an administrative appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court upheld the decision of the lower instances. It stated that beehives in the forest do not qualify as forestry buildings within the meaning of Art. 22 of the Spatial Planning Act (SPA), as they are not necessary for the forest. An exceptional permit under Art. 24 SPA could also not be granted, as overriding public interests of nature and landscape protection prevail. The affected forest plot is classified as above-average valuable in the cantonal forest-nature conservation inventory and designated as a nature conservation area of cantonal importance in the structure plan. Furthermore, the beehive contradicts the landowner-binding provisions of the municipal zoning ordinance for the protection of particularly…