Dismissal of the appeal against the return of the building permit for a sports facility

Facts

The municipal community of Würenlos applied for a building permit for a sports facility on plots No. 1630, 1629 and 3094. Several residents lodged an objection against this construction project. The municipal council granted the building permit with numerous secondary conditions. The residents lodged an appeal with the Building Department of the Canton of Aargau, which partially upheld the appeal and referred the matter back to the municipal council. The Administrative Court of the Canton of Aargau partially upheld the residents' appeal and referred the case back to the municipal council for a new decision. The municipality lodged an appeal with the FSCA, which dismissed the appeal.

The appellant, the municipal community of Würenlos, requested the annulment of the judgment of the Administrative Court and the granting of the building permit under certain conditions. The private respondents and the Administrative Court of the Canton of Aargau requested dismissal of the appeal.

Considerations

The FSCA examined whether the requirements for an appeal against the referral decision of the Administrative Court were met. It found that the contested decision was an interim decision that did not conclude the proceedings. The Administrative Court did not make any binding specifications to the appellant regarding the restriction of operating hours or similar matters, but merely determined the further procedure in…