If such special reasons exist, the municipal council can draw up a design plan or amend an existing plan, even if a co-owner is against it. In practice, property owners are often interested in creating a design plan themselves, as it enables clear and long-term planning. Once a design plan has been approved, it may not be changed again unless there are important changes. In justified cases, it is permitted to deviate from the usual building regulations, but the character of the zone must not be lost. The deviations must be in line with other planning regulations and the protection of the landscape.
The Cantonal Court of Lucerne has specified the requirement for justification and decided that when approving a design plan, it must be examined in two steps whether there are good reasons to deviate from the normal regulations. Firstly, the authority must precisely state the reasons for these deviations, otherwise the plan is invalid. Secondly, it must be evaluated in what way deviations can be made, e.g. by adding more storeys or larger buildings. Failure to clarify this constitutes a serious lack of justification, which leads to the approval being revoked.
Our lawyer Mr. Reto von Glutz will be happy to assist you with the implementation of specific projects in the area of planning and construction law.