Kernrechtsfrage
Whether § 139 lit. a BauG can be used to refuse a permit because future zoning may still change.
Extrahierter Entscheid
No. Building readiness under § 139 lit. a is not a substitute for future planning measures; the parcel was currently buildable under the existing and newly posted zoning plans.
Extrahierte Begründung
The court held that the anticipatory effect of future land-use plans is limited to the legally provided instruments: planning zone, building ban, suspension of the permit procedure, and in a special context provisional delimitation of settlement area and building zone. Since none applied, § 139 lit. a could not serve as a subsidiary general clause to block the permit merely because planning was uncertain.