Questione giuridica chiave
Whether the new municipal protection ordinance applied to the pending permit appeal
Decisione estratta
Yes. The ordinance could be applied to the pending case because the planning intent was sufficiently concrete before the permit decision and the applicant had to expect the new regime.
Motivazione estratta
In the absence of special transitional rules, later legal changes are applied exceptionally when strong public interests require immediate effect. Here, § 234 PBG served the public interest in implementing the planned reordering, and the ordinance had already been publicly posted when the permit was refused.