Construction of new residential buildings in the agricultural zone in connection with horse keeping

Facts

A.A. and B.A. operate an agricultural business in the municipality of Wölflinswil, where they keep horses and summer cattle. They applied to the municipal council for permission to build additional living space for the retiring generation on the farm. The municipal council, the cantonal government, and the administrative court rejected the application. A.A. and B.A. then filed a complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court decided that Art. 34b para. 5 of the Spatial Planning Ordinance (RPV) generally excludes new residential buildings in the agricultural zone that could only be constructed due to horse keeping or use. This also applies to residential buildings that have only an indirect connection to horse keeping, such as those for the retiring generation. The conformity…