Questão jurídica principal
Whether the storage yard enjoys vested-rights protection under Art. 24c RPG
Decisão extraída
No. The yard was created after the relevant cut-off and was never lawfully authorized, so vested-rights protection does not apply.
Fundamentação extraída
Art. 24c RPG protects only facilities that were lawful when built and later became non-conforming due to later legal changes. This yard was built in 1977 under a regime already requiring permits and cantonal water approval, but no permit was ever issued and the installation would not have been permissible even then.