Question juridique clé
Whether the zoning amendment excluding larger daily-goods retail stores from the industrial/commercial zone was lawful under property protection and spatial planning law.
Solution extraite
The amendment was lawful: it had a sufficient statutory basis, served a public interest based on spatial planning objectives, and was proportionate.
Motifs extraits
§ 29 PBG allows further subdivision of zones, and Art. 3 RPG supplies the planning principles needed to justify the public interest. The measure aimed to preserve the village center for daily-goods retail and reduce motorized traffic; it only marginally restricted the owner’s use of the land.