Kernrechtsfrage
Whether the after-the-fact permit for the non-agricultural side business could be granted under Art. 24b RPG and Art. 40 RPV
Extrahierter Entscheid
No; the side business was not necessary as supplementary income for the farm's survival, given the overall income situation including rental income, and it also generated excessive labor by third parties.
Extrahierte Begründung
The court held that all relevant income streams from the farm, including lawful rental income from unused agricultural buildings, must be considered when assessing need for supplementary income. The projected income remained well above the reference threshold. In addition, the work in the side business was not predominantly done by the farming family.