Questão jurídica principal
Whether the cantonal appeal decision could be challenged by administrative law appeal under the Spatial Planning Act
Decisão extraída
No. The dispute concerned a building permit within a building zone, so Art. 34 LAT did not open the administrative law appeal route.
Fundamentação extraída
Art. 24 ff. LAT apply only outside the building zone. The 5th zone remained a building zone; the Federal Supreme Court would not revisit the cantonal zoning confirmation in this permit case.