Art. 39 Strassengesetz (StrG) - Durchführung

B.2024.94 · sg (Art. 12 ff., Art. 31 ff., Art. 39 ff. StrG)

Planning Authority Fails to Involve Preservation Authority in Development Decision

Cited in the initial summary to frame the scope of the road planning and construction procedure where the heritage authority should have been involved.

22.3994 · sg (Art. 39 Abs. 1 StrG)

Appeal Granted: Insufficient Access Road and Incorrect Setback Calculation for Building Permit

Cited because the planned sidewalk extension constitutes a public road construction project that requires the coordinated procedure under this article, replacing the building permit procedure.

21.8950 · sg (Art. 39 Abs. 2 StrG)

Appeal Granted Against Road Rehabilitation and Turning Area Approval Due to Forest Placement and Deficiencies

Cited in reasoning to explain that the plan procedure replaces the building permit procedure, thus making a separate forestry permit unnecessary at this stage.

20.8164 · sg (Art. 39 ff. StrG)

Bus Stop Modification vs. Route Planning Appeal Dismissed

The court rules that the appeal object is limited to the construction works of the bus stops, which are subject to the road plan procedure under these articles.

19.7156.19.7173 · sg (Art. 39 Abs. 1 StrG)

Building Permit Annulled Due to Uncoordinated Road Works and Zoning Violations

The need for a road planning procedure (Strassenbau) for the sidewalk adjustments and the access road was established, which necessitated coordination.

19.7156.19.7173 · sg (Art. 39 Abs. 1 StrG)

Building Permit Overturned Due to Procedural Flaws and Neighboring Interest Infringement

The annulment is grounded on the violation of coordination duties related to the necessary road planning procedure (Strassenbau) required for sidewalk adjustments.

20.1781.20.1809 · sg (Art. 39 StrG)

Appeal Regarding Building Permit Violations of Building Envelopes and Attic Regulations

Cited implicitly through the discussion in Erw. 8.3.1 about the missing partial road plan required for the creation and legal securing of the turning loop, which falls under the procedure regulated by this article.

20.1781.20.1809 · sg (Art. 39 StrG)

Building Permit Revocation Due to Building Envelope and Height Violations

Cited in the reasoning concerning the missing road line plan for the turning hammer, but not explicitly used in the final orders.

20.8164 · sg (Art. 39 StrG)

Bus Route Implementation vs. Suspensive Effect of Appeal

Cited in the reasoning regarding the planning procedure but not cited in the final orders.

20.728 · sg (Art. 39 ff. StrG)

Appeal Against Road Plan and Building Permit Approval Due to Insufficient Access and Zoning Violations

The court annulled the zoning/road plan because the underlying road construction project required approval under this section of the Road Act.

20.728 · sg (Art. 8 und 39 ff. StrG)

Road Classification and Building Permit Annulment Due to Traffic Safety Deficiencies

Cited in the reasoning clarifying the scope of the road planning procedure (Teilstrassenplan), the basis for which is annulled in order 1.b.

18.1478.18.1509 · sg (Art. 39 f. StrG)

Planning Instruments Annulment Due to Environmental Assessment Omission and Procedural Defects

Cited regarding the procedural requirements for road construction plans (Teilstrassenplan), the violation of which was a ground for annulment.

18.1478.18.1509 · sg (Art. 39 f. StrG)

Administrative Appeal Against Planning Decisions Due to Flawed Environmental Assessment and Procedural Violations

Cited in the reasoning section (Erw. 7) to establish the procedural defect regarding the partial road plan, leading to its nullification in the dispositive.

19.4505.19.4339 · sg (Art. 39 Abs. 1 StrG)

Municipal Road Plan Annulment Over Pre-Classified Access Strip

Cited in the context of discussing that the procedure for road construction replaces the building permit procedure, justifying the annulment of the plan due to missing project details.

19.4505.19.4339 · sg (Art. 39 Abs. 1 StrG)

Appeal Against Partial Road Plan Classification Upheld

This article was cited as the basis for the annulment of the contested development plan, as it was found to be lacking a necessary underlying road construction project.