Questão jurídica principal
Whether the canton provided the judicial protection required by Art. 33(3)(b) LAT, including free review of opportunity in zoning matters.
Decisão extraída
Yes. The cantonal appeal authority reviewed the plan with the required scope, including appropriateness, and the Federal Tribunal found the statutory protection satisfied.
Fundamentação extraída
Free review under Art. 33(3)(b) LAT includes appropriateness review, but the reviewing authority must still respect municipal planning discretion and need not substitute another equally suitable solution. The Direction lawfully examined the contested plan result and effects and was not required to reassess all preparatory variants or the municipality's motives.