Questione giuridica chiave
Whether the freestanding photovoltaic system could be retroactively authorized despite encroaching on the road building line.
Decisione estratta
No. The system is a structure subject to setback rules, and no exception under the cantonal construction rules was available.
Motivazione estratta
A freestanding PV installation is a baute/bauliche Anlage for planning-law purposes. Land within the building line may not be built over. The installation was neither provisional nor a privileged minor element, and the general exception regime did not cover it.