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701.0 KRPLCATLCPT CH-NE

Art. 92 Cantonal Law on Territorial Planning (CLTP), of October 2, 1991

7 Public Works - Energy - Transport and Communications - 70 Urban Planning - 701 General Provisions - CHAPTER 3 Municipal Provisions for Urban Planning [65] Generalities Local Development Plan [69] Special Plans Municipal Alignment Plans Neighborhood Plans and Subdivision Plans [113] Expropriation Procedure for the Adoption and Sanction of Land Use Plans - Section 7
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Art. 92 Cantonal Law on Territorial Planning (CLTP), of October 2, 1991

[125] 1 When the plan has been favorably pre-approved by the department, it is submitted to the vote of the General Council.

2. The adoption order has the effect of prohibiting any modifications to the affected sites until the plan has been the subject of a final decision.

3. However, provided that the sanction procedure follows its normal course, the Municipal Council may authorize constructions that comply with the new plan.

4. In the event of a general revision of the zoning plan, the Municipal Council may authorize constructions based on the old plan if the following cumulative conditions are met

a) the notice of the public inquiry for the building permit application or preliminary sanction has been published in the Official Gazette before the vote of the General Council;

b) the parcel is designated by the new plan as a residential zone, a mixed-use zone, or an economic activity zone;

c) the granting of the building permit does not harm a significant public interest.

← Art. 91 Cantonal Law on Spatial Planning (CLSP), of 2 October 1991 7 Public Works - Energy - Transportation and Communications - 70 Land Use Planning - 701 General Provisions - CHAPTER ONE General Provisions Art. 93 Cantonal Law on Spatial Planning (CLSP), of October 2, 1991 →

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Court Decisions Applying This Provision (1)

TA.1999.40 · ne (art.92 al.2 LCAT)
Building Permit Application Validity and Applicable Zoning Regulations Upon Adoption of New Plan
The appeal was admitted and the lower decision annulled because the permit application did not comply with the new land use plan adopted after the application submission.