Question juridique clé
Whether the planned new summer restaurant on Ufenau is compatible with Art. 23d NHG in a protected moorland landscape.
Solution extraite
The summer restaurant is a new building and not a permissible renewal or maintenance of an existing structure; its approval violates Art. 23d NHG.
Motifs extraits
In moorland landscapes only maintenance and renewal of lawfully erected buildings are allowed, not extensions or new buildings. The project did not serve protection of the moorland and therefore fell outside the exception.