Kernrechtsfrage
Whether the cantonal court unlawfully applied Art. 83 LATC retroactively and arbitrarily in calculating buildable area
Extrahierter Entscheid
No; the court relied on the zoning rules in force at the time of the split, not on Art. 83 LATC, and its calculation was not arbitrary.
Extrahierte Begründung
Art. 83 LATC was not the basis of the decision; the relevant material basis was the former communal building regulation. The deficiency on parcel 162 could be carried over to parcel 353 under the applicable rules and practice.