Kernrechtsfrage
Whether the cantonal administrative court arbitrarily misapplied Art. 59(4) LCI and Art. 61(2) LPA by reviewing the aesthetic and quartier-development aspects of the derogation permit.
Extrahierter Entscheid
No. The court could review whether the derogation respected the character, harmony and development of the neighborhood; this was an exercise of discretion, not pure expediency review, and its assessment was not arbitrary.
Extrahierte Begründung
Art. 59(4) LCI expressly requires compatibility with the character, harmony and development of the quartier. That leaves broad discretion, but within legal limits. The tribunal was therefore entitled to examine the broader neighborhood context and was not confined to the project in isolation.