Facts
The cantons of Basel-Stadt and Basel-Landschaft have agreed to jointly erect a motor vehicle inspection centre. After examining several potential sites, they have chosen plot no. 2288 located in the "Untere Wanne" in Münchenstein. However, this land is mainly situated in zone 3 of the municipality's zoning plan, where only residential buildings (up to a maximum of three storeys) and non-harmful businesses are permitted according to the zoning regulations. The planned inspection centre does not meet these conditions. Nevertheless, the cantons have submitted a building permit application. Max Kolter and Christoph Ühlinger, as well as other landowners and the Münchenstein municipal council, have filed objections to this project. The Administrative Court has dismissed the appeals, considering that although the project is incompatible with the zoning plan and zoning regulations of the municipality, the public interest in the construction of the centre outweighs the interests of the municipality and the neighbours.Considerations
The Federal Court considers that the neighbours are in principle entitled to file a public law appeal against the granting of a building permit, insofar as it concerns the application of construction rules aimed at protecting not only the public interest, but also the interests of the neighbours, as is the case with the emission restrictions provided for in the Münchenstein zoning regulations. However, the Federal Court does not annul the contested decision, as it considers that the cantonal authorities have carried out a reasonable balancing of the interests involved. Although the inspection centre project…