Questão jurídica principal
Whether the project met the requirements for an exception permit under Art. 24 RPG, including site suitability and no overriding interests.
Decisão extraída
The project could not be upheld as originally assessed; site suitability had to be examined against alternatives and landscape interests, and the permit was only maintainable with additional conditions.
Fundamentação extraída
Berg restaurants may be site-bound, but the authorities must compare alternatives and weigh landscape protection already at the stage of site suitability. The lower courts had not sufficiently examined less intrusive locations.