Questão jurídica principal
Whether the public-law appeal was admissible despite the preliminary nature of the municipal planning decision.
Decisão extraída
Yes. The binding preliminary planning decision caused a non-reparable factual disadvantage and could be challenged immediately; the subsidiary constitutional complaint was therefore unavailable.
Fundamentação extraída
A drittwirksamer preliminary decision is generally interlocutory, but immediate review is justified when legal certainty for builders and affected neighbors requires early resolution and coordination principles are not undermined.