Questione giuridica chiave
Whether the new Bern city zoning rules applied exclusively after their entry into force during appeal proceedings
Decisione estratta
Once the new zoning plan had been publicly displayed before the building application, the project could be assessed under the new law alone after its entry into force.
Motivazione estratta
Art. 36 and 62a BauG/BE allowed the court to read the transitional rules so that the new order became decisive after commencement; this was not arbitrary.