Facts
The cooperative X. filed a complaint against the decision of the Silvaplana municipal council to initiate a neighbourhood plan procedure for the Quarta Morta area. The cooperative instead requested the initiation of a revision of the zoning plan and the general design plan for the Quarta Morta area, with the aim of assigning undeveloped or insufficiently developed plots to the non-construction zone.
The FJA partially upheld the complaint. It annulled the municipal council's decision to initiate the neighbourhood plan procedure and obliged the municipality of Silvaplana to review the existing basic order (zoning plan and general design plan) in the Quarta Morta area.
Considerations
The FJA justified its decision as follows
The decision to initiate the neighbourhood plan procedure constitutes a final decision, as the cantonal law provides that certain objections can only be raised by way of an appeal against the initiation decision.
Pursuant to Art. 21(2) SPA, the first step is to examine whether the circumstances have changed so significantly that a review of the land use planning is warranted. It is sufficient if an adaptation of the zoning plan in the area in question is considered and the opposing interests of legal certainty and trust in the stability of the plan are not so weighty that a plan adaptation is ruled out from the outset.
In the present case, the adoption of the second home initiative has led to a significant change in circumstances.…