Questione giuridica chiave
Whether an asylum shelter is permissible in a zone for public buildings and installations.
Decisione estratta
Yes. The accommodation of asylum seekers is a municipal task serving public purposes, and the fact that the building also satisfies housing needs does not defeat zoning conformity.
Motivazione estratta
Section 34(1) BauG allows only public buildings and buildings serving public purposes in the OeBA zone. The planned pavilion for up to ten asylum seekers fulfills a public task imposed on municipalities; comparable institutions with residential functions, such as homes for the elderly or care facilities, are also allowed.