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701.1 GBRPLCAT CH-JU

Art. 73 Law on Construction and Land Use Planning (LCAT)

7. Constructions, travaux publics, énergie, Transportation and Communications » 70. Construction and Land Development » 701. Construction
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Art. 73 Law on Construction and Land Use Planning (LCAT)

**1. The Municipal Council shall promptly transmit the adopted plans and regulations to the Land Use Planning Service for approval; it shall include all pertinent documents, including any objections and observations arising from the inquiry, the minutes of conciliation sessions, its reasoned proposals regarding unwithdrawn objections, as well as the minutes of the City Council or communal assembly sessions.**

**2. The Land Use Planning Service shall verify the appropriateness of these plans and regulations and their compliance with the law and public interest; it may, after hearing the municipal council and interested property owners, modify the regulations that contradict these principles; it shall also rule on the objections.**

**3. The approval order may be appealed within 30 days before the Administrative Court, which has full review authority under Article 33, paragraph 3, letter b, of the Federal Land Use Planning Act; the opponents and the municipality have standing to appeal.**

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Court Decisions Applying This Provision (23)

ADM 2024 106 · ju (Art. 73 al. 3 LCAT)
Zoning Appeal: Football Field and Camping Site Reclassified, Residential Zones Upheld
Establishes the competence of the Cour Administrative, relevant for the procedural aspect of the case.
ADM 2023 102 · ju (art. 73 al. 3 LCAT)
Modification of Special Development Plan - Underground Parking Approved
Basis for the administrative court's jurisdiction and the appellant's standing to appeal.
ADM 2022 158 · ju (art. 73 al. 3 LCAT)
Property Owners Appeal Development Plan Approval Dismissed
Cited as the basis for the Administrative Court's jurisdiction and its free power of review.
ADM 2020 132 · ju (art. 73 al. 3 LCAT)
Property Owner v. Municipality: Reserved Zone Designation Upheld
Basis for the administrative court's jurisdiction to hear the appeal.
ADM 2020 137 · ju (art. 73 al. 3 LCAT)
Landowners' Challenge to Reserved Zone Designation Rejected
Establishes the competence of the Administrative Court to hear the appeal.
ADM 2017 94 · ju (Art. 73 al. 3 LCAT)
Municipal Reserve Zone upheld against financial loss challenge
Cited as the basis for the jurisdiction of the Administrative Court and the deadline for filing the appeal.
ADM 2015 92 · ju (Art. 73 al. 3 LCAT)
Geothermal Project Approval Upheld Amidst Procedural and Environmental Challenges
Est utilisé pour fonder la compétence de la Cour administrative dans sa composition à cinq juges et son plein pouvoir d'examen.
ADM 2016 15 · ju (art. 73 al. 3 LCAT)
Quarry Approval Overturned Due to Outdated Master Plan
Cited as a basis for the administrative court's jurisdiction.
ADM 2015 134 · ju (art. 73 al. 3 LCAT)
Property Owner vs. Municipality: Development Zone Challenge Rejected
Established the court's jurisdiction to hear the appeal and the appellant's standing.
ADM 2015 34 · ju (art. 73 al. 3 LCAT)
Developer compensates agricultural rezoning with public utility zone.
Cited to establish the administrative court's jurisdiction to hear the appeal.
ADM 2014 34 · ju (Art. 73 al. 2 LCAT)
Annulment of Hotel Zoning Plan on Agricultural Land Due to Insufficient Justification and Environmental Concerns
This article was used to frame the court's review of the opportuneness of the plan.
ADM 2014 34 · ju (Art. 73 al. 3 LCAT)
Annulment of Hotel Zoning Plan on Agricultural Land Due to Insufficient Justification and Environmental Concerns
This article grants the Administrative Court full review powers, which the court exercised in assessing the legality and opportuneness of the special zoning plan.
ADM 2014 131 · ju (Art. 73 al. 1 LCAT)
Property Owner v. Provincial Authority: Zoning Decision Upheld
This provision is cited to explain the process by which the municipal council transmits adopted plans and regulations to the territorial development service for approval.
ADM 2014 131 · ju (Art. 73 al. 2 LCAT)
Property Owner v. Provincial Authority: Zoning Decision Upheld
This provision is cited as it states that the territorial development service verifies the expediency of plans and regulations and their conformity with the law and public interest, and can modify non-compliant regulations after hearing the municipal council and interested owners.
ADM 2014 60 · ju (Art. 73 al. 3 LCAT)
Property Owner v. Rezoning of Land for Agricultural Use
Est utilisé pour définir le plein pouvoir d'examen de la Cour administrative sur les décisions du SDT.