Kernrechtsfrage
Whether the proposed conversion could be authorized as a setback exception for construction in an already built-up area under § 33 Abs. 1 lit. c NHV.
Extrahierter Entscheid
An area is not 'already built-up' merely because it lies within the building zone; the exception requires a broadly built-up area within the four-meter watercourse setback, such as a closed village core or old town.
Extrahierte Begründung
A broad reading would make the setback rule largely meaningless. Here, no nearby buildings infringing the prescribed distance existed; the nearest such building was about 200 meters away, so the protective purpose of the setback rule was not already defeated.