Question juridique clé
Whether the semi-buried pool could be authorized as a non-habitable underground structure with reduced boundary distance under RPGA Arts. 81 and 114.
Solution extraite
Yes. The pool and fitness area were not unsafely treated as habitable; the underground part did not sensibly alter the existing topography and the derogation was lawful.
Motifs extraits
The cantonal court could reasonably find that the project served sport only, remained non-habitable, and concerned only the subterranean part of the construction; the setback rules pursue light, air and density goals that were not undermined in an arbitrary way.