Facts

On 19 June 2003, the municipal community of Gelterfingen adopted a zoning plan and a building regulation, by which the previously agricultural "Houene" area was assigned to the residential zone W2. The appellants, who are the owners of properties in the "Houene" area, filed an appeal against this local planning revision. The Administrative Court of the Canton of Bern partially entered into the appeal and dismissed it in all other respects. The appellants are filing an administrative court appeal against this.

Considerations

The Federal Supreme Court upholds the administrative court appeal to the extent that the Administrative Court did not enter into it. The Administrative Court had wrongly assumed that planning law complaints can only be brought by administrative court appeal if they have a close factual connection with federal administrative law, in particular environmental protection law. According to the case law of the Federal Supreme Court, all complaints against land use plans that concern environmental law or other aspects of federal administrative law as well as closely related planning law…