Questione giuridica chiave
Whether the 1997 protection plan amounted to a de-zoning or a first lawful non-allocation to building zone
Decisione estratta
The 1989 zoning plan was not materially compliant with federal planning law, so the 1997 protection plan was a non-allocation to the building zone, not a de-zoning.
Motivazione estratta
A plan formally approved after entry into force of the Federal Planning Act may still be materially non-compliant. Here the 1989 plan had oversized building zones and deficient overall planning balance, so the later exclusion of the plots from the building zone was a first proper planning decision.