Dismissal of the appeal against the refusal of a building permit for horse keeping in the agricultural zone

Facts

The appellant, [A.] , is the owner of a plot in the agricultural zone in Gontenschwil. She operates a horse boarding and riding stable and currently keeps 15 horses. In 2013, she received a building permit for the renovation and refurbishment of buildings on her farm, including the installation of four horse stalls and a paddock of 144 m2. Subsequently, she built additional horse stalls, paddocks, parking spaces, and a storage area for silo bales without a permit.

The municipal council of Gontenschwil and the Administrative Court of the Canton of Aargau dismissed her appeal against the refusal of a building permit for the expansion of her horse keeping. The appellant lodged an appeal with the Federal Court and requested the annulment of the judgment of the Administrative Court and the granting of a building permit for eight large horses and five small horses or ponies with the necessary paddocks.

Considerations

The Federal Court examined the appeal and came to the conclusion that the lower courts had rightly refused the building permit for the expansion of the horse keeping. The appellant operates a pure horse boarding and riding stable, which is not considered an agricultural activity. The keeping of horses in the agricultural zone is only zonally conform if it takes place on an existing agricultural enterprise and if there is a predominantly business-owned feed base and sufficient pastures for horse keeping.

The Federal Court found that the appellant does not engage in agricultural activity and therefore does not meet the requirements for zonally conform horse keeping. The granting of an exception permit according to Art. 24 ff. SPA is not considered, as the appellant operates her horse keeping commercially…