National Council committee wants to restrict the right of associations to lodge complaints
Published: Tuesday, Jan 23rd 2024, 16:50
Updated At: Tuesday, Jan 23rd 2024, 16:50
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Environmental protection organizations should no longer be able to lodge complaints against smaller residential construction projects in building areas. The National Council committee responsible has passed a bill to this effect - against the wishes of the Greens and conservationists.
The National Council's Committee for the Environment, Spatial Planning and Energy (Urek-N) has approved the planned amendments to the Federal Act on the Protection of Nature and Cultural Heritage (NCHA) by 14 votes to 8 with one abstention, as reported by the Parliamentary Services on Tuesday. The Federal Council can now comment on the draft. Then it is Parliament's turn.
The restriction of the right of appeal by associations for small and medium-sized projects in building zones met with approval during the consultation process, particularly from the conservative parties. Environmental and landscape conservation organizations, on the other hand, warned of the consequences.
No more "David versus Goliath"
With the bill, the Urek-N wants to prevent parties with very different financial resources from facing each other in appeal proceedings. He no longer wanted a "David versus Goliath" in terms of the right of appeal for associations, said Center Party leader Philipp Matthias Bregy (VS), explaining the parliamentary initiative with which he had launched the bill.
Specifically, the right of appeal under the NCHA will no longer apply to projects for residential buildings that have a floor area of less than 400 square meters and are planned in a building zone. Projects in protected sites, in biotopes or outside building zones are not affected by this revision. In the Commission's opinion, this amendment is in line with the right of appeal enshrined in the Environmental Protection Act (EPA), which only applies to major projects that require an environmental impact assessment.
A Commission minority rejects the bill. It emphasizes that the right of appeal by associations is important for the protection of historical and natural heritage. Other minorities advocate weakened versions of the bill and propose, on the one hand, that only 250 square meters be set as the reference area and, on the other, that apartments in building zones suitable for zoning out and apartments subject to the Second Homes Act (ZWG) be excluded from the new regulations.
Different rules
At the end of 2008, voters rejected the popular initiative "Verbandsbeschwerderecht. No more obstructionism - more growth for Switzerland!" was rejected by 66 percent. This meant that the right of association complaints was protected in principle.
According to the EPA, environmental protection organizations defined by the Federal Council have a right of appeal against decisions made by cantonal and federal authorities regarding planning, construction or modification. However, the right of appeal is limited to installations for which an environmental impact assessment is required.
Under the Federal Act on the Protection of Nature and Cultural Heritage, organizations dedicated to nature conservation, cultural heritage protection, monument preservation or related objectives also have a right of appeal. Unlike the Environmental Protection Act, however, this law does not have any restrictions.
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