Questão jurídica principal
Whether the appeal procedure had to be suspended pending the later building-permit application.
Decisão extraída
No suspension was required for works that were manifestly not capable of regularization; the cantonal court could itself decide whether the pending permit request was admissible and whether to suspend.
Fundamentação extraída
Cantonal law did not expressly require suspension. Article 46 DPC concerns modifications during the building process, not after unauthorized works have already been carried out. Federal law does not grant a right to a regularization procedure for clearly unlawful works.