Facts
The Einsiedeln Monastery, as the owner of the Island of Ufenau, submitted four building permit applications concerning the demolition of annexes to the house "zu den zwei Raben", the construction of a summer restaurant, the renovation and expansion of the cattle shed, and the construction of a utility and disposal facility. The Island of Ufenau is part of a moor landscape of national importance and is under protection. Objections were filed against the building permit applications, which ultimately ended up at the Federal Supreme Court.Considerations
The Federal Supreme Court decided that the planned construction of the summer restaurant violates Art. 23d of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA). According to this provision, only the maintenance and renovation of lawfully constructed buildings and facilities are permitted in moor landscapes, but not their expansion or new construction. The Federal Supreme Court held that an exception is only possible for facilities or buildings that serve to protect the moor landscape, which is not the case here.
Regarding the planned demolition of the annexes…