Construction appeals court gives green light for extension to the Kunsthaus Zürich
The construction appeals court has confirmed the May 2013 decision approving construction of the Kunsthaus extension and dismissed in full the objection by the Lucerne-based Archicultura Foundation. The Kunsthaus extension meets all the requirements of the law. The additional costs incurred as a result of the appeal will be in the region of two million francs.
Objection to the Kunsthaus extension: commissioning body remains confident
The Einfache Gesellschaft Kunsthaus-Erweiterung (EGKE), the partnership commissioning and overseeing the project, has analysed the Administrative Court’s decision recognising the legitimacy of the Lucerne-based Archicultura Foundation’s objection, and considers that a substantive examination of the objection by the construction appeals court, the court of first instance, is the most direct way to obtain a building permit that has legal force. It will not therefore be taking its case to the Federal Supreme Court.
Construction was scheduled to start in December 2013. The length of the delay and the resulting additional costs will depend on the further course of the legal proceedings. Planning activities that have already begun will be completed by the end of May 2014 and the dossiers prepared so that the work can be resumed at a later date.
Administrative court allows appeal
The administrative court has ruled that the Archicultura Foundation can proceed with its objection to the construction of the Kunsthaus extension. The commissioning body regrets this decision and expects it to result in a further delay to the start of building work, and corresponding extra costs.
Archicultura to appeal further to Administrative Court
After the construction appeals court ruled that the Archicultura Foundation did not have a legitimate interest as a basis for its objection, the Foundation has now decided to appeal to the Administrative Court. The construction team regrets this step, which in all probability will lead to a delay in starting construction work on the Kunsthaus Extension, which was originally planned for the last quarter 2013. The length of the delay as well as financial implications will depend on the legal process accompanying the appeal, and are therefore also impossible to predict with certainty.
Objection to construction dismissed
The construction appeals court has ruled that the sole objector to the construction permit for the Kunsthaus extension does not have a legitimate interest. On 26 July 2013, the construction appeals court of the Canton of Zurich ruled that the Archicultura foundation for townscape and landscape care from Lucerne was not entitled to file an objection to the construction of the Kunsthaus extension, as it had no discernible geographical connection to the project and had failed to demonstrate that it was active throughout the canton. For that reason, its objection would not be considered.
Construction permit granted
At its meeting on 31 May 2013, the construction committee of Zurich City Council approved the construction permit for the Kunsthaus extension. The permit is subject to the customary conditions for projects of this magnitude. Appeals must be lodged within 30 days.
Major donation towards the Kunsthaus extension
The Walter Haefner Foundation is supporting the extension to the Kunsthaus Zürich with a donation of CHF 20 million.
Design plan comes into force
On 31 January 2013, the Canton of Zurich Building Department approved the public design plan for the Kunsthaus extension. It comes into force on 16 March.