Questão jurídica principal
Whether the terrain fills around the horse yard qualify for retroactive authorization under former Art. 24c(2) RPG and Art. 42(1) RPV.
Decisão extraída
No; the fills were substantial, visibly altered the terrain, and did not preserve the identity of the installation and its surroundings.
Fundamentação extraída
The changes amounted to an artificial terracing of about 2,600 m3 and up to 2.5 m height increase, so the surrounding identity was no longer maintained. The existing power lines did not make any further change permissible.