Question juridique clé
Whether parcel no. 202 should be entirely assigned to the residential zone or partly reserved for agriculture based on planning criteria and minimum distances to a livestock barn.
Solution extraite
The parcel is generally suitable as a gap parcel for residential zoning, but a 2-meter strip at the northern boundary must be assigned to the agricultural zone to respect the required minimum distance to the farm.
Motifs extraits
The court balanced settlement-development and agricultural-interests under the spatial planning principles and also considered air-pollution and odor-protection rules. The official minimum distance from the barn to the residential zone was 19.6 m and was missed by about 2 m; therefore a 25 m agricultural strip was excessive, but a narrow agricultural strip was justified.