Key legal question
Whether the cantonal court arbitrarily applied Art. 52(3) NAPR to the planned parking space.
Extracted holding
No. The distance rule could reasonably be applied to the parking space, and the provision does not require proof of an actual traffic danger.
Extracted reasoning
If doors, gates, or chains must keep 5.50 m from the road boundary, it is not unreasonable to require at least the same for a parking space located only 3.30 m away. The rule is aimed at safety and fluidity of traffic, not only at actual proven danger.