Questione giuridica chiave
Whether the planning zone and provisional application of the draft building rules amounted to impermissible positive pre-effect.
Decisione estratta
No. During a planning zone, projects may already be assessed against the planned new rules to the extent required to prevent obstruction of the new planning, and the municipality may provisionally apply the draft quota rules.
Motivazione estratta
Negative pre-effect is allowed; positive pre-effect is not. Here, the municipality did not apply future law in place of current law indiscriminately, but used the draft quota sequence only to allocate quotas provisionally to otherwise eligible projects.