Since 2018, the Credit Suisse Pension Fund has wanted to replace the old Brunaupark residential complex with around 260 apartments and a shopping center by demolishing it and then building a new one. An initial draft failed due to noise protection. Last year, the administrative court revoked the building permit after a long tug-of-war.

In addition, the municipal council of the city of Zurich wanted to secure a special right to have a say in the planning. The aim was to ensure a minimum number of affordable apartments.

Concerns of the Head of Building Constrution

In 2021, a design plan obligation was established for the «Brunaupark/Uetlihof» area in Zurich's District 3, leading to amendments in the building and zoning regulations (BZO). This was implemented despite opposition from the city government. The head of building construction had legal concerns and anticipated a lengthy legal battle.

He was ultimately proved right. The administrative court has now upheld the CS pension fund's appeal against the design plan obligation, confirming a prior ruling by the building appeal court, according to the «Tages-Anzeiger» newspaper on Friday.

Interference with the Guarantee of Ownership

The ruling's justification can be found in an application to the municipal council. The design plan obligation constitutes an inadmissible encroachment on property rights, and the public interest in the measure is not sufficiently demonstrated.

A spokesperson for the pension fund told the newspaper that they were pleased that the administrative court had followed these arguments.

However, this does not change the fact that the plans are still on hold. The legal dispute over the second building permit is currently pending before the Federal Supreme Court.