Questão jurídica principal
Whether the refusal of the building permit for the rooftop mobile-phone installation was arbitrary.
Decisão extraída
No. The cantonal court could rely on aesthetic and site-protection rules to hold that the proposed superstructures would worsen the building's visual impact and harm the protected setting.
Fundamentação extraída
The building was already bulky and poorly integrated near the old town; the two large fake chimneys would make it more conspicuous. Given the site's protected context and the existing nonconformity of the building, the authority could give significant weight to aesthetic and preservation concerns. Telecommunications coverage interests did not override zoning conformity rules.