Questão jurídica principal
Extent of judicial review in planning and building cases under the VRG
Decisão extraída
Absent a contrary special rule, the Administrative Court has only limited review powers under §§ 152 ff. VRG.
Fundamentação extraída
The new Planning and Building Act does not differ in this respect from the former Building Act; § 206 PBG corresponds to §§ 134 and 144 BauG. The review is therefore confined to whether the challenged decision is legally sustainable on the facts already alleged in the lower proceedings.