Facts
On 15 January 1999, the Building Section of the City of Zurich granted diAx mobile the permit to construct a mobile telecommunications base station on a building in Zurich-Riesbach. Neighbouring residents filed an appeal, which was dismissed by the Building Appeals Commission. The residents then filed a complaint with the Administrative Court of the Canton of Zurich, which also dismissed the complaints. The residents then filed an administrative court appeal to the Federal Supreme Court against the decision of the Administrative Court.Considerations
The Federal Supreme Court first examined the question of whether the equivalent radiated power (ERP) of the planned mobile telecommunications facility indicated in the site data sheet was correct. It obtained an expert opinion, which confirmed that the operator's information on the ERP of around 300 watts was accurate, even if one assumes the maximum possible output power of the installed transmitter output stages.
Furthermore, the Federal Supreme Court found that balconies and roof terraces do not qualify as "locations with sensitive use" within the meaning of the Ordinance on Protection…