Questão jurídica principal
Whether the omission of a road bypass in the preliminary project barred later relocation of the road near the Oberfeld property.
Decisão extraída
The preliminary project did not preclude the later, minor relocation of the road, because the project binds authorities only for the spatial measures it contains, while a necessary margin of discretion remains in a lengthy land-reallocation procedure.
Fundamentação extraída
The preliminary project is a planning instrument for spatial measures and binds the authorities only insofar as they deal with those measures. Since the original project covered only resurfacing of the road, the later slight and materially justified relocation fell within the authorities' permissible discretion.