Questão jurídica principal
Whether the special development plan bound the permit and was violated by exceeding the allowed floor area
Decisão extraída
The special plan remained binding; the project’s 27.67% excess over the permitted gross floor area was a clear and arbitrary departure from the plan.
Fundamentação extraída
The plan, together with the accompanying allocation of built areas, set a central maximum gross floor area of 230 m2 per house. The lower court’s reliance on later parcel changes and on the alleged loss of realism of the original twelve-house concept was untenable; a special plan does not lose binding force because one parcel was not built out as planned.