Question juridique clé
Whether refusal of the building permit for non-compliance with Art. 89(3) GBR was arbitrary or violated legality/determination principles.
Solution extraite
No. The provision could be applied as an open-textured planning and design rule, and the project did not meet the high requirements for replacement construction.
Motifs extraits
The court held that indeterminate legal concepts are permissible in building-law design rules; authorities need only decide whether the project fits the rule, not design a compliant alternative for the applicant. The cantonal court's negative assessment of the project was not arbitrary.