Questão jurídica principal
Whether the zoning and development plan 'Neue Heimat/Apfelsee' could be approved despite the appellant's objections
Decisão extraída
The complaint fails because the appellant did not challenge an independent alternative reason: Art. 21(2) RPG barred amendment of the existing planning situation.
Fundamentação extraída
The cantonal court relied on a dual ground. Even if a protected biotope existed, the appellant did not address the separate holding that the planning change was inadmissible absent a substantial change in circumstances.