According to the federal court, the planned developments are too extensive to comply with the current planning permission.

Back on 5 April 2013, the municipal assembly approved the expansion of the Hubelstrasse, including the Institute Le Rosey’s proposed Erli campus. This went through with a large majority. As part of a local planning review on 11 March 2011, the court had already clearly approved the rezoning of a former holiday home plot to create a hotel zone. In addition, this hotel zone was granted an extension of 800m2.

Plot 2453 was earmarked for a new hotel where the former Lengnau holiday home once stood. However, a resident took their complaint to the administrative court and this was upheld in December 2016. The losing parties (the municipality of Saanen and the owners of the property) were disappointed, but accepted the verdict and decided not to refer it to the Federal Court.

At the same time, Institut Le Rosey withdrew the Erli project. The plans to develop the Hubelstrasse were not affected by this and were strictly upheld by the local authority. “The Hubelstrasse is too narrow to meet the needs of today’s agriculture, houses that are permanently occupied, second homes and slow traffic,” noted former construction manager, Adrian Landmesser.

The opponents have won
Helvetia Nostra and two opponents took their objections to the Federal Supreme Court and they were upheld. “The municipality does not have the right to carry out expansion works that will affect access roads more than necessary”, wrote the Federal Court in its ruling. Based on the official report by the Civil Engineering Office for the Canton of Bern, the planned expansion works on the Hubelstrasse were deemed to be too extensive in relation to the current planning permission,” concluded the Federal Supreme Court.

Moderate improvements
The municipality of Saanen has accepted the decision. “The municipality of Saanen’s planned expansion of the Hubelstrasse is off the table,” confirms mayor Toni von Grünigen when asked to comment. On the other hand, minor improvements can go ahead such as upgrades to passing places or bridges “a little like on the Turbachstrasse,” according to von Grünigen.

Based on AvS/Anita Moser
Translated by Justine Hewson