projects
1A.138/1999 ΓÇó Minimum distance for manure silo in agricultural zone
1A.138/1999Federal Supreme Court / Public Law Division IJan 17, 2000Granted
The Federal Supreme Court upheld the neighbors' administrative law appeal against a building permit for a manure silo in an agricultural zone. It held that the precautionary principle in environmental law also applies outside building zones and that neighbors may rely on protection against nuisance and on minimum distances. The cantonal court had wrongly assumed that the first stage of emission limitation did not apply merely because the project was in an agricultural zone. Because the record did not permit a reliable assessment of the distance and emission question, the matter was remitted for fresh evaluation.
Art. 11 USG; Art. 4 and 5 LRV; Anhang 2 Ziff. 512 LRV; minimum distances for manure silos in agricultural zones. The precautionary principle and the duty to limit emissions at source apply also in agricultural zones. Installations of this kind are not unrestrictedly admissible in such zones; neighboring owners are entitled to protection from nuisance or harmful immissions and, where necessary, to observance of minimum distances, even if Anhang 2 Ziff. 512 LRV formally refers to building zones. Where the lower court has not adequately examined the technically relevant distance calculation and emission limitation, remittal is required (consid. 3-4).
[AZA 0/4]
1A.138/1999
126 II 43
Lausanne, 17. Januar 2000