Questione giuridica chiave
Whether the municipal and cantonal authorities violated the applicants' right to be heard by failing to address their arguments on integration/appearance of the pool cover
Decisione estratta
Yes. The second recourse decision and the Verwaltungsgericht's ruling did not sufficiently engage with the applicants' and municipality's key arguments, including zoning-purpose, municipal practice, and planning discretion.
Motivazione estratta
The authorities may refer to earlier decisions only if no new substantial arguments or evidence are raised. Here the second permit proceeding introduced new submissions on zoning law, municipal autonomy, and local practice, which required specific examination and reasoning.