Spreitenbach: Design plan for Tivoli Garden must be reissued
The municipality of Spreitenbach must reissue the design plan and the environmental impact assessment for the Tivoli Garten construction project of the Migros Cooperative Aare. This was decided by the Federal Supreme Court, putting an end to years of legal disputes.
A specialist store and around 420 apartments are to be built in the immediate vicinity of Switzerland's largest shopping center, Shoppi Tivoli. The Federal Supreme Court has now ruled in favor of the VCS that the environmental impact assessment (EIA) for the project must be extended to the entire complex, consisting of the Tivoli, Shoppi and Limmatpark shopping centers. The 380 parking spaces of the nearby Umwelt-Arena, which are planned for Shoppi Tivoli, must also be included in the EIA.
The VCS considered it unacceptable that the municipality limited the EIA to the perimeter of the new building complex. The association therefore lodged an appeal with the Aargau Building Department and was partially upheld. The appeal body ruled that the EIA should be extended to the adjoining Tivoli. Migros appealed this decision to the administrative court, which also considered the planned specialist store to be an extension of the existing Tivoli shopping center. However, the court rejected the requested further extension of the EIA to Shoppi, Limmatpark and Umwelt-Arena, which is why the VCS appealed to the Federal Supreme Court.
The Supreme Court has now ruled in favour of the VCS: due to the spatial location, the joint organization and the uniform external appearance, the stores in Shoppi and Tivoli form a single complex, writes the Federal Supreme Court. The traffic volume could therefore only be attributed to the overall Shoppi Tivoli complex. (ah)
