Questione giuridica chiave
Whether the cantonal court violated federal law by accepting the transfer of unused building rights from plots within a gestaltungsplan area to the building plots.
Decisione estratta
The transfer was not arbitrary; the plots were adjacent, in the same zone, and the zone character was preserved.
Motivazione estratta
The cantonal rules did not exclude such transfers outright. The gestaltungsplan area remained subject to the underlying zone regime, and the municipal clarification that the area had an AZ of 0.65 allowed unused rights to exist. Given the local context, the resulting density and building form were still compatible with the Dorfzone.