Legal headwind for luxury resort in Valais
Two environmental organizations have achieved a victory in the Federal Court against a sub-project of the Aminona luxury resort in Mollens (Canton Valais). The neighborhood plan for part of the large-scale project should not have been approved. The underlying zoning plans were outdated, the Lausanne judges ruled.
The zoning plans date back to the years 2000 and 2002 respectively. Since then, among other things, the second-home initiative has been adopted. This creates a new starting situation, writes the Federal Supreme Court in the now published ruling. Therefore, according to the Spatial Planning Act, a review and, if necessary, adjustment of existing zoning plans must be carried out.
The Federal Supreme Court has thus overturned the decision of the lower court and upheld the appeals of Helvetia Nostra and the Foundation for the Protection of the Swiss Landscape (SL). The Cantonal Court of Valais must reassess the case.
The Aminona tourism project is financed by the Russian Mirax Group and is expected to cost nearly CHF 700 million. It is divided into five zones, in which around 1,100 beds are to be created. Construction work on the major project began in summer 2014.
The current ruling of the Federal Court concerns zone 1 of the luxury resort. On the corresponding parcel there are three high-rise buildings from the 70s. Five more are planned.
Environmental protection organizations had previously filed complaints against the construction project. In 2012, the Federal Supreme Court declared an appeal against the entire construction project inadmissible. In February 2014, however, the judges in Lausanne partially upheld appeals by WWF and SL. Because of the danger of avalanches, the Federal Court cancelled the permit for the construction of more than a dozen chalets. It also revoked building permits for further chalets on the basis of the law on the protection of forests. (ah)
