Key legal question
Whether the cantonal judgment failed to comply with the binding effect of the prior 25 February 2011 zoning judgment by adding a reference to Article 53(3) LATC.
Extracted holding
The challenged reference did not depart from the prior binding judgment; it merely recalled an existing statutory exception to the 25-year rule and did not authorize building permits contrary to the zoning.
Extracted reasoning
The court held that the reference to the exceptional derogation under Article 53(3) LATC exists by operation of law and only concerns a possible departure from the 25-year modification freeze, not a derogation from zoning itself.