Question juridique clé
Whether the exemption from the 90% minimum residential quota under § 220 PBG was lawful.
Solution extraite
Yes. The site’s special situation as part of an existing school complex and the public interest in childcare justified the exemption, and it did not undermine the purpose of the residential quota or other public interests.
Motifs extraits
The court found no arbitrariness in the assessment that the parcel’s function and location near the school created special circumstances, that suitable alternative sites were lacking, and that the project served both social and planning goals.