Question juridique clé
Whether future expansion potential on already built parcels must be treated as OMEN under Art. 3(3)(c) NISV
Solution extraite
No. On built parcels, only current use must be considered; future expansion possibilities are generally relevant only for unbuilt parcels, subject to narrow exceptions.
Motifs extraits
The court followed the BUWAL/Zurich approach: the NISV protects existing sensitive uses, while future rights on built parcels are not normally counted at permit stage. This better fits proportionality and does not weaken protection because the antenna must later be adapted if new sensitive uses arise.