Kernrechtsfrage
Whether the warehouse expansion created an compensable special advantage causing an substantial impairment of the neighboring property under Art. 30 BauG/BE.
Extrahierter Entscheid
The special advantage existed as to the building dimensions, but the impairment of the appellant's property was not substantial; therefore no land value compensation was due.
Extrahierte Begründung
The court accepted the comparison with a conventional, permissible development and found the project clearly exceeded local dimensional limits. However, noise impacts were not attributable to the disputed warehouse in a compensable way, and the remaining effects—restricted view and alleged glare—were not substantial enough, especially because similar limitations could arise from lawful conventional development.