Building Permit Denial Upheld for Violation of Land Use Plan

A party challenged a municipal council's decision, upheld by the cantonal government, to dismiss an application for a building permit, based on the argument that the construction project did not comply with the relevant land use plan concerning building heights and setbacks. The court reasoned that the planning regulations established objective criteria for construction, and since the proposed building significantly exceeded the maximum height and did not adhere to the required setback distances as stipulated in the plan, the lower authorities correctly rejected the permit application because the project demonstrably violated mandatory spatial planning rules.