Questione giuridica chiave
Whether the project could be authorized under Article 24c LAT for a building allegedly lawfully converted into housing before 1972.
Decisione estratta
No. The conversion to residential use was not shown to have been lawfully authorized; Article 24c LAT applies only to legally erected or transformed buildings.
Motivazione estratta
The building was originally a wooden dependency; its residential use began before 1972 without proof of the required derogatory authorization under then-applicable cantonal law. Longstanding unlawful use does not make the situation lawful, though it may limit restoration measures.