Facts
The appellant [X.] filed an appeal against the decision of the Administrative Court of the Canton of Zurich, which had approved the quarter plan 'Lee' in Eglisau. The quarter plan covers an area in the north of the municipality of Eglisau and includes both built and unbuilt plots of land. The appellant claimed that the noise pollution in the area in question exceeds the planning values and that therefore the quarter plan should not be approved.
The Building Directorate of the Canton of Zurich had approved the quarter plan on October 3, 2005, but had not yet put it into effect. The Administrative Court of the Canton of Zurich dismissed the appellant's appeal and newly determined the cost and compensation consequences of the appeal procedure.
The appellant requested the Federal Court to repeal the contested decision as well as the quarter plan approval decision of the Eglisau Municipal Council and the approval decision of the cantonal Building Directorate.
Considerations
The Federal Court examined the administrative court appeal and found that the contested decision is based on federal environmental protection law and thus on federal administrative law. The appellant complained of a violation of federal law, in particular of Art. 24 para. 2 of the Federal Act on Environmental Protection (EPA) and of Art. 30 of the Noise Abatement Ordinance (NAO).
The court ruled that the administrative court appeal can only be filed against the final cantonal decision and that the preceding decisions of lower cantonal and communal authorities cannot be challenged. Therefore, the court did not consider the appellant's request for repeal of the plan approval decision of the municipality and the approval decision of the Building Directorate.
The court found that the noise pollution in the quarter plan area complies with the planning values according to…