Questione giuridica chiave
Whether the permissible fill height under Art. 17 BZO had to be measured from the terrain at the 2007 building application or from the earlier 1968 terrain.
Decisione estratta
For the project as assessed in the new permit proceedings, the reference point was the terrain existing at the time of the 2007 application; the earlier permit did not bind the municipality.
Motivazione estratta
The project was properly qualified as a new construction rather than a mere conversion; therefore the municipality could reassess terrain shaping in the later permit procedure and correct an earlier mistaken approach, provided no protected reliance was shown.