Abwägung der BelangeWeighing of interests
In preparing decisions in all fields of spatial and sectoral planning, interests typically need to be weighed. This is a key requirement in planning for the benefit of society under the rule of law. A complex theoretical framework has consequently been developed to achieve this in applying building and sectoral planning law. The requirement to weigh interests in urban land-use planning is enshrined in the Federal Building Code. Conflicting public and private interests are to be weighed against each other and given fair consideration This places a duty on municipalities to ensure:
- that interests are duly weighed,
- that all matters warranting consideration are covered,
- that there is no failure to appreciate the importance of public and private interests
- that the balance achieved is proportionate to the objective importance of individual interests.
Within these limits a municipality is free to decide in favour of one interest and thus against another.