Facts
A. AG operates a fixed-line telecommunications network in the municipality of Engelberg and wishes to install an additional connecting line outside the building zones on parcels No. 414 (Alte Rohrstrasse) and No. 382 (Uferbereich Aarwasser) to ensure communication in the rear part of the village. The municipality of Engelberg demanded that a building permit application be submitted for this purpose. However, A. AG applied for a permit for the laying of the line in accordance with Art. 35 of the Telecommunications Act (TCA), without carrying out a building permit procedure. The municipal council of Engelberg rejected this application, as a regular building permit procedure had to be carried out in parallel. The appeal filed by A. AG against this was rejected by the Cantonal Government of Obwalden and the Administrative Court.Considerations
The Federal Supreme Court held that the telecommunications line planned by A. AG outside the building zones and in the riparian area of the Engelberger Aa is subject to a permit requirement under Art. 22 para. 1 of the Spatial Planning Act (SPA), as its realization may affect public interests such as water protection and the protection of riparian forests. The permit under Art. 35 TCA only regulates the entitlement to special use of public land, but not the building permit within the meaning of Art. 22 SPA. Art. 35 TCA does not constitute a…