Kernrechtsfrage
Whether a garden house outside the building zone qualifies for an exception permit under Art. 24(1) RPG.
Extrahierter Entscheid
No. The intended use did not require a location outside the building zone, and the structure was treated as an ordinary garden house rather than a site-dependent building.
Extrahierte Begründung
The court held that garden houses do not belong in the open landscape outside the building zone. For a 12a garden plot, no objective need for such a building was shown. Personal circumstances of the complainant were irrelevant, and granting the permit would create an undesirable precedent harming landscape and Jura protection.