Kernrechtsfrage
Whether the unauthorized terrain fill in the Jura protection zone could be retrospectively authorized.
Extrahierter Entscheid
No. The fill was excessive, served no recognizable purpose linked to the sheep barn, and was incompatible with the strict protection rules for the Jura protection zone.
Extrahierte Begründung
Section 24 NHV requires special consideration for the landscape; excessive fills and excavations must be avoided. The private interest in keeping the fill was not weighty enough to outweigh the public interest in preserving the landscape, so an exception under Art. 24 para. 1 lit. b RPG was excluded.