Facts
The complainant [X.] lodged a complaint against the building permit for a multi-family house on plot No. 1310 in Ebikon. The building permit was granted by the municipal council of Ebikon after the landowner had sold the plot to the married couple [Y.] . The complainant argued that the planned building would exceed the permitted height and that the building density would be too high.
The Administrative Court of the Canton of Lucerne dismissed the complaint, insofar as it was entertained. The complainant then lodged a complaint with the FSCA and requested the annulment of the contested decision.
Considerations
The FSCA examined the jurisdiction and the legitimacy of the complainant. It found that the complainant, as the owner of the plot No. 2647, GB Ebikon, adjacent to the building site, was particularly affected by the contested decision and had a legitimate interest in its annulment or modification.
The FSCA dealt with the complainant's submissions regarding his right to be heard. It found that the Administrative Court had rightly not entertained a complaint regarding the violation of communal law, as the complainant had not raised this complaint in the appeal procedure.
The FSCA also examined the question of whether the first basement floor should be counted as a full floor. It found that the Administrative Court's opinion, which calculated the height of…