Questione giuridica chiave
Whether revision should be admitted because the case has fundamental significance regarding whether § 22(2) BauNVO affords neighbor protection for projects in an unplanned inner area under § 34(1) BauGB.
Decisione estratta
Yes. The complaint was well-founded and revision had to be admitted so that the legal question could be clarified.
Motivazione estratta
The court found that the proposed revision could contribute to clarifying the scope of neighbor protection under § 22(2) BauNVO in relation to projects governed by § 34(1) BauGB, which raises a question of fundamental significance under § 132(2)(1) VwGO.