Question juridique clé
Whether the environmental impact assessment had to be carried out at the zoning/design plan stage rather than later at building-permit stage.
Solution extraite
Yes. For a parking garage with more than 300 spaces, the UVP had to be performed in the Gestaltungsplanverfahren; the plan approval without such review breached environmental law.
Motifs extraits
Art. 9 USG and Art. 5 UVPV require early, comprehensive assessment in the procedure that meaningfully shapes the project. Here, the design-plan procedure was the decisive and therefore mandatory lead procedure.