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Art. 2 Federal Act of 22 June 1979 on Spatial Planning (SPA) - Planning obligation
SPA; Title 1 Introduction
Art. 2 SPA · Planning obligation
The Confederation, cantons and communes shall plan their activities that have a spatial impact, and coordinate their planning efforts.
They shall take account of the spatial impact of their other activities.
Authorities responsible for planning shall ensure that subordinate authorities are given the necessary freedom to fulfil their remit.
Court Decisions Applying This Provision (438)
VVGE.1991.92.Nr.65 · ow (Art. 2 Abs. 1 RPG)
Regulation on Primary and Secondary Housing Upheld
Cited to establish that federal, cantonal, and municipal authorities are obliged to undertake necessary planning for their spatial activities.
VB.2010.00555 · zh (Art. 2 Abs. I RPG)
Ordinance Amendment Invalid Due to Conflict with Cantonal Development Plan
Cited in the reasoning section which justifies the decision to uphold the appeal based on the violation of the planning hierarchy.
AGVE.2002.72 · ag (Art. 2 Abs. 3 RPG)
Zoning Appeal Standing and Approval Authority Scope of Review
This provision is referenced in the context of limiting the review of the approval authority to prevent it from substituting its own discretion for that of the planning authority, particularly concerning purely municipal interests.
AC.2024.0379 · vd (art. 2 al. 3 LAT)
Appeal Dismissal Regarding Zoning Approval for Event Center and Road Development
Cited in defining the scope of review, preserving the margin of appreciation of the body that adopted the plan.
B.2024.100.B.2024.1 · sg (Art. 2 RPG)
Zoning Amendment and Permit Validity Regarding Watercourse Delineation
Although cited in the reasoning for context (E. 9.1), this provision is not explicitly cited in the dispositive orders 1-5.
602 2023 47 · fr (art. 2 al. 3 LAT)
Cantonal Court Rejects Full Inconstructibility in Protected Zone Revision
Cited when discussing the margin of appreciation granted to subordinate planning authorities.
602 2024 107 · fr (Art. 2 al. 3 LAT)
Municipality v. Planning Authority: Local Development Plan Adaptation Appeal
Cited to establish that planning authorities must comply with the goals set by the Cantonal Master Plan, relevant to the rejection of the art. aaa RF extension.
TVR.2024.Nr.21 · tg (Art. 2 Abs. 3 RPG)
Municipal Wind Energy Regulations Challenged Over Conflict with Cantonal Planning Law
Cited in the reasoning regarding the restraint appellate courts should observe when the lower authority has discretionary power, though not explicitly in the dispositive orders themselves.
VWBES.2024.86 · so (Art. 2 Abs. 3 RPG)
Land-Use Plan Revision Upheld Against Bias and Substantive Challenges
Although cited regarding the margin of appreciation for planning authorities, it was not used in the final orders.
VB.2023.00321 · zh (Art. 2 Abs. 3 RPG)
Administrative Plan Amendment Admissibility and Cost Distribution Reassessment
Cited in the case summary section, relating to Federal Spatial Planning Act provisions.
WBE.2023.76 · ag (Art. 2 Abs. 3 RPG)
Historical Building Zoning Dispute Dismissed
Defines the scope of federal law in spatial planning.
602 2022 241 · fr (art. 2 al. 3 LAT)
Territorial Development Authority Zoning Decision Upheld Based on Regional Growth Plan
Cited to explain the scope of discretion granted to subordinate planning authorities, which impacts the reviewing authority's power.
23.3895 · sg (Art. 2 Abs. 2 RPG)
Appeal Granted: Unpermitted Parking Lot and Unlawful Access
Cited in the reasoning regarding the definition of a 'Weg' (path) not intended for motor vehicle traffic, supporting the finding of material unlawfulness.
EBVU.22.156.22.164 · ag (Art. 2 Abs. 1 RPG)
Municipality's Design Plan Annulled for Lack of Coordination with Undefined Water Protection Zone
Cited as the legal basis for the violation of the duty to coordinate planning decisions, leading to the annulment of the planning measure.
VWBES.2022.328 · so (Art. 2 Abs. 1 RPG)
Cantonal Council Decision on Zoning Expansion Overturned Due to Procedural Violations and Exceeded Jurisdiction
Cited to establish the principle of comprehensive planning that the appealed decision violated by prematurely dealing with a partial plan.