Questione giuridica chiave
Whether a vacation-home plot exceeding the 1,000 m² limit could still be authorized under the LAFE/OAFE.
Decisione estratta
Yes, a derogation was permissible because the plot formed a practical and legal unit that could hardly be split and the usable area was not excessive in light of the circumstances.
Motivazione estratta
The court held that the 1,000 m² rule in Art. 10 cpv. 3 OAFE is not absolute. For built properties, especially where division is difficult or inappropriate, derogations may be allowed. The canton did not abuse its discretion because the plot lay outside the building zone, had a steep and hardly accessible terrain, contained a preservable rustic building convertible into a small vacation home, and the usable part was limited.