Questão jurídica principal
Whether Art. 24c LAT could legalize the palisade built outside the building zone
Decisão extraída
No. Article 24c LAT applies only to lawful pre-existing structures outside the building zone that later became non-conforming; it cannot be used for a new structure erected in a building zone extension or to enlarge construction into newly non-buildable land.
Fundamentação extraída
The palisade was built in 2004-2005 on land already zoned agricultural since at least 1980, so it did not become non-conforming through a later zoning change. No pre-existing structure at that location was shown. Extending Art. 24c to nearby building-zone structures would undermine zoning separation and major planning interests.