Question juridique clé
Whether the railway parcel was outside the building zone and the project zoned-out or otherwise non-conforming
Solution extraite
The parcel was to be treated as land in the building zone; the municipality’s zoning plan did not exclude the railway area from development in a way that made the project zonally unlawful.
Motifs extraits
The railway area is governed primarily by federal railway law; the municipal regulation provided that non-railway buildings in that area are subject to the rules of the commercial zone. The earlier plan revision was not a deliberate exclusion of the area from the building zone.