Mobile phone antenna in residential area

The most recent decision of the Federal Supreme Court on March 14, 2025(1C_563/2024) regarding Swisscom’s planned 5G mobile phone antenna in a residential area in Eschenbach SG is cause for concern: Although there would have been realistic alternative locations and the planned mobile phone antenna is to be erected in the residential zone, the courts deny that the municipality has an obligation to examine such options at all. What does this mean for other municipalities – and for affected residents?

The Eschenbach case: No responsibility despite residential area

A 25-metre-high 5G mobile phone antenna is to be built on the site of the Swisscom telephone exchange on Schmerikonerstrasse in 8733 Eschenbach. Although the plot is zoned as a zone for public buildings (ÖBA, Art. 18 PBG SG), it is embedded in a densely populated area – a mobile phone antenna in a residential area.
Despite this exposed location, the municipality of Eschenbach decided not to carry out a site evaluation and did not raise any objections. It cited formal zoning conformity – although, according to internal Swisscom statements, there would have been alternatives.

No dutiful discretion, no obligation to state reasons

In the appeal proceedings, the complainants referred to the so-called site agreement between the mobile phone providers and the Association of St. Gallen Municipal Presidents(VSGP), which provides for a dialog procedure with an examination of alternative sites. However, both the cantonal administrative court and the Federal Supreme Court ruled in the negative: The agreement was not legally binding. And even if a municipality deliberately decides not to carry out an evaluation, this cannot be legally challenged.

What is particularly offensive is that the courts also explicitly denied the obligation to exercise due discretion or to give reasons. The municipality does not have to justify its decision – even if it obviously has a negative impact on the affected population.

Internal admission: alternative locations were possible

In an email dated December 17, 2024, a high-ranking representative of Swisscom – who sits on the Eschenbach municipal council – admitted that alternative locations “could have been discussed”, namely the Werkhof site. It was “a shame that we missed the opportunity to enter into a dialog”.

These statements prove that there would have been realistic alternatives – but the municipality decided against them without any comprehensible examination.

Constitutional loophole – democratic political imposition

The Federal Supreme Court supports the position of the municipality, although it was not even examined whether a better location would have been possible. The reasoning: The affected residents have no enforceable rights, as the siting agreement only applies between municipalities and mobile phone providers – but not vis-à-vis third parties. The legal protection gap remains.

What needs to change? Three demands on St. Gallen municipalities

1. Binding rules instead of declarations of intent: The site agreement must be flanked by binding municipal law (e.g. municipal structure plans or building regulations with an obligation to examine alternatives).
2. Establish a legal obligation to provide justification: Municipalities should be obliged to clearly explain why they are not evaluating alternative locations for sensitive construction projects such as mobile phone antennas.
3. Differentiate zoning regulations: A “public building zone” must not become a back door for a mobile phone antenna in a residential area. Municipalities should create clear regulations on type compatibility.

Conclusion: Legally correct – politically unacceptable

The fact that a mobile phone antenna is built in a residential area even though alternatives exist and the municipality does not even have to explain this reveals a serious deficit in today’s legal protection. The courts confirm this: The responsibility does not lie with them – but with the municipalities themselves.

Political will is now required to close this gap.

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