Question juridique clé
How is the third condition in Art. 79(2) BO 06 to be interpreted: does it protect neighboring properties against non-aesthetic impairments such as loss of light and view?
Solution extraite
The provision was reasonably interpreted as targeting only design-related impairments, not all other immissions; the appellants failed to show arbitrary or unconstitutional interpretation.
Motifs extraits
Compared with the planning-purpose requirement, the third condition has only subordinate significance and serves the same structural goal. The appellants did not demonstrate that the text clearly compelled their broader reading or that other building rules failed to protect them.