Kernrechtsfrage
Whether a neighboring landowner has standing to object and appeal against a setback violation affecting a different neighbor's parcel.
Extrahierter Entscheid
Yes. Under the revised § 12 VRG, standing depends on a sufficient practical interest in the annulment or modification of the decision, not on whether the invoked norm is specifically neighbor-protective. A setback violation can affect buildable use and thus create a protectable interest even if it concerns the opposite side of the building.
Extrahierte Begründung
The court held that the new standing rule aligns with federal administrative-law concepts. A direct neighbor usually has a clear interest in lawful construction, but even violations that do not directly affect his own parcel may be relevant if, in the concrete context, they influence the building's layout or the parcel's utilization. Because setback rules normally affect the exploitation of the plot, the appellant had a sufficient interest.