This becomes particularly relevant if third parties lodge an objection. If this assessment has not been carried out thoroughly, a contested building permit must be expected to be cancelled. This delays construction projects, which is expensive and annoying for authorities and building owners.
One example is the Federal Supreme Court ruling of 17 June 2024 on the ‘Südhang’ design plan in Grenchen. The legal distance from the forest was reduced without examining the consequences for forest protection or alternative building regulations. Private concerns were also not sufficiently taken into account. The court criticised the inadequate consideration by the municipality and the administrative court and referred the case back to the municipality. It must now carefully examine all relevant public and private interests.
This case shows how important it is to take other public or supposedly minor private concerns seriously and include them in the decision. This may be time-consuming, but it is necessary in order to protect the rights of all parties involved.
Our lawyers will be happy to assist you with any matters relating to planning and construction law.