Key legal question
Whether the appeal was admissible, including the challenge to the cantonal office decision and the new request on non-subjection to plan approval
Extracted holding
The appeal was admissible as a public law appeal, but the request to annul the first-instance office decision was inadmissible because of full devolutive effect; the non-subjection request was not new in the sense of Art. 99(2) LTF.
Extracted reasoning
The Federal Supreme Court held that the controversy already covered the preliminary legal question of whether the project was subject to approval, and that this issue had to be reviewed ex officio.