Facts
The complainant [L.] is the owner of an agricultural business in Arbon and intends to build a new agricultural settlement. He has made several site proposals, including one on parcel No. 2842, which, however, contradicts the applicable zoning plan of the municipality of Arbon. The Administrative Court of the Canton of Thurgau dismissed the complainant's appeal, as the proposed site contradicts the zoning plan and there is a settlement pressure south of the Romanshornerstrasse.
The complainant has lodged an administrative appeal with the Federal Court and requests that the judgment of the Administrative Court be set aside and the requested permit for the new construction of an agricultural settlement be granted.
Considerations
The Federal Court has upheld the appeal and set aside the decision of the Administrative Court. It has found that the lower courts have not sufficiently proven the settlement pressure south of the Romanshornerstrasse and that the zoning plan is not relevant in the context of a building permit procedure.
The Federal Court has also found that the…