Kernrechtsfrage
Whether the refusal to order restoration of the terrace and wall was lawful despite a minor height deviation from the building permit.
Extrahierter Entscheid
A restoration order was not required because the small deviation caused no recognizable public interest harm and the demolition burden would be disproportionate.
Extrahierte Begründung
The court accepted that the structure may deviate by a few centimeters, but focused on proportionality: the deviation was barely perceptible, there was no shown additional shadowing or other neighbor harm, no public interest in lowering it was apparent, and the respondents acted in good faith.