Kernrechtsfrage
Whether the building permits could be granted despite the absence of a separated sewage system connection
Extrahierter Entscheid
The permits could still be upheld because, in the concrete circumstances, refusing construction would be disproportionate and the public interest in immediate separation did not outweigh the property interest.
Extrahierte Begründung
Although Art. 19 LAT and the LEaux generally require proper equipment and separation of clear and waste water, the situation was temporary, the applicants had installed separate internal pipes, a general drainage plan was underway, and the wastewater impact was limited.