Questione giuridica chiave
Whether the canton provided the judicial protection required by Art. 33(3)(b) LAT, including free review of opportunity in zoning matters.
Decisione estratta
Yes. The cantonal appeal authority reviewed the plan with the required scope, including appropriateness, and the Federal Tribunal found the statutory protection satisfied.
Motivazione estratta
Free review under Art. 33(3)(b) LAT includes appropriateness review, but the reviewing authority must still respect municipal planning discretion and need not substitute another equally suitable solution. The Direction lawfully examined the contested plan result and effects and was not required to reassess all preparatory variants or the municipality's motives.