Questão jurídica principal
Whether Art. 4 para. 3 BMR allows a replacement building in a location where only site-dependent buildings are permitted.
Decisão extraída
Yes. The exception applies because the new building replaces the old house on the applicant's own parcel, the old building will be demolished after completion, and no increase in the number of buildings or speculative use is intended.
Fundamentação extraída
The court found no risk that the old house would later be expanded, sold, rented out, or used for holidays, and therefore no circumvention of the site-dependence rule. Under these concrete circumstances, the replacement construction falls within the exception.