Questão jurídica principal
Whether the enlarged dormers could be authorized under Art. 24 aRPV / Art. 24 RPG
Decisão extraída
No. An exception permit under Art. 24 aRPV presupposed a lawful existing building; the house and the added volume had already exhausted the permissible scope, so the further enlargement was not eligible.
Fundamentação extraída
The court held that Art. 24 Abs. 1 aRPV could not be used to legalize a further expansion that exceeded the limits already reached under Art. 24 Abs. 2 RPG. A complete or partial change of use in the non-building zone was only permissible for lawfully existing buildings; otherwise the zoning separation would be undermined.