Facts
On 3 June 2002, Swisscom Mobile AG submitted a building permit application to the Political Municipality of Bronschhofen for the construction of a new mobile phone antenna facility on the roof of the barn belonging to the Landgasthof Rössliguet. Numerous objections were filed against the construction project. The Building Commission dismissed the objections and granted the building permit. The objectors filed an appeal against this decision with the Bronschhofen Municipal Council and, after it was dismissed, an appeal with the Department of Construction of the Canton of St. Gallen. The Department of Construction dismissed the appeal. The objectors filed an administrative appeal against the appeal decision with the Administrative Court of the Canton of St. Gallen, which dismissed the appeal. The objectors filed an administrative court appeal against the administrative court decision with the Federal Supreme Court, requesting that the contested decision be set aside and the matter be remanded to the lower instance for a new decision.Considerations
The Federal Supreme Court states that the granting of a building permit for a mobile phone facility within the building zone constitutes a federal task within the meaning of Art. 2 NCHA and Art. 78 para. 2 Cst. Mobile phone facilities are erected to provide a service licensed by the Confederation, which is why the competent cantonal authorities are obliged to protect the objects of protection mentioned in Art. 3 NCHA and to preserve and protect inventory objects to the greatest extent possible in accordance with Art. 6 NCHA.
The Federal Supreme…