Key legal question
Whether the municipal and cantonal authorities violated the right to be heard by relying on a new legal ground.
Extracted holding
No violation occurred because the identity-of-building criterion had been addressed from the outset in the administrative decisions and appeal proceedings.
Extracted reasoning
The appellant could expect the authorities to assess the project under the limits of Arts. 24c and 37a RPG and the corresponding RPV rules; no unforeseen new legal ground was introduced at the judicial stage.