Kernrechtsfrage
Whether the municipal refusal of the building permit based on Art. 77 LATC was arbitrary and breached communal autonomy.
Extrahierter Entscheid
The cantonal court’s view that Art. 77 LATC could not be invoked to refuse the permit was not arbitrary; the permit refusal was therefore unlawful.
Extrahierte Begründung
The court accepted the cantonal court’s alternative reasoning that the statutory conditions were not met: no sufficiently changed circumstances existed, the earlier zoning scheme already aimed to valorize the archaeological site, and the archaeological remains were not realistically preservable in situ. Without objective new reasons, refusing the permit under Art. 77 LATC would conflict with planning stability and the purpose of anticipatory effects.