Facts
Farmer Ernst Brandes operates an agricultural business in Gommenschwil, municipality of Wittenbach. He submitted a building permit application for the installation of four horse stalls in an existing barn on his property, which is located in the agricultural zone. The building permit was approved by the competent authorities, whereupon the community of heirs Jakob Ebneter-Sutter, owners of an adjacent property, filed a complaint. The complainants argued that the pension horse keeping was not in conformity with the zone.Considerations
The Federal Court dismissed the complaint. The Federal Court stated that buildings and facilities in the agricultural zone must correspond to the purpose of the zone. In the case of agricultural businesses, the concept of zoning conformity essentially coincides with that of site-specific necessity. Only buildings that are necessary for the proper cultivation of the land at the designated location and are not oversized are in conformity with the zone.
In previous decisions, the Federal Court has denied the zoning conformity or site-specific necessity of stables, riding halls and the like for hobby or commercial horse keeping by non-farmers. However, in the present case, it is an agricultural…