The administrative court’s decision to revoke the building permit for the Brunaupark housing estate was based on complaints from residents, particularly with regard to the protection of the neighbouring “Im Laubegg” housing estate. This is categorised as a group of buildings of national importance in the Federal Inventory of Swiss Heritage Sites. The planned Brunaupark development, which required an exceptional licence under water protection law, should have taken into account the requirements of the Nature and Cultural Heritage Protection Act, but this was not done sufficiently. This led to a serious procedural deficiency and to the appeal being upheld.
In addition to the legal basis of the appeal, the building permit was examined in connection with the cantonal requirements for site developments. Although the building permit authority demanded a number of changes to the surrounding design in order to ensure the protection of the “Im Laubegg” estate, there was no clear idea of the exact surrounding and front garden design. This points to inadequacies in the main building permit, which calls into question the legality of the construction project.
The Administrative Court therefore accepted the appeal VB.2023.00209. The parties are free to appeal this judgement to the Federal Supreme Court, which could lead to further legal developments.