Question juridique clé
Whether the small hydropower plant was zoned consistently in the residential zone and could be authorized in the free-space zone
Solution extraite
The project was not shown to be arbitrary to treat as zone-compliant in the residential zone because it is an underground accessory structure to the sewer infrastructure and hardly visible above ground.
Motifs extraits
The court accepted that the installation is technically dependent on the sewer line and that emissions are assessed under environmental law; the refusal of zoning conformity was not arbitrary.