Facts
Company B. AG is the owner of a plot of land located within the perimeter of the private zoning plan "Buchthalerstrasse/Fischerhäuserstrasse" in Schaffhausen. This plot is situated in an area listed in the Federal Inventory of Constructed Sites of National Importance to be Protected in Switzerland (ISOS) and the Federal Inventory of Landscapes, Sites and Natural Monuments of National Importance (BLN). The zoning plan was approved by the Municipal Council of Schaffhausen, despite the opposition of A. The appeals filed by A. were rejected by the Cantonal Government and the Cantonal Court. A. then filed a public law appeal with the Federal Tribunal.Considerations
The Federal Tribunal first examined whether the provisions of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA) were applicable in this case. Although this was not yet a concrete construction project but a private zoning plan, the Tribunal considered that this zoning plan, due to its level of detail, had effects similar to a building permit. Consequently, the requirements of the NCHA regarding the protection of sites listed in the federal inventories (ISOS and BLN) had to be respected.
According to case law, when a special zoning plan defines the construction possibilities in a detailed and binding manner, it acquires the effects of a building permit. This implies the application of the provisions of the NCHA, in particular the obligation to obtain a preliminary opinion from the Federal Commission for the Protection of Nature and Cultural Heritage (FCPNCH) when an object listed in…