Questão jurídica principal
Whether the parapet on the recessed terrace had to be counted in the facade-height calculation under the Sion zoning regulations.
Decisão extraída
No. A parapet recessed from the facade and lying within the admissible roof volume is not added to facade height.
Fundamentação extraída
The cantonal court misread the earlier precedent. Facade height is determined by the intersection of the facade with the upper roof line; only elements forming a direct prolongation of the facade count. Here the parapet was separated from the combles and lay within the theoretical roof slope, so adding its one meter was unsustainable and arbitrary.