Appeal of Building Permit Denial Based on General Infrastructure Deficiencies

An individual appealed a lower court decision that upheld a municipal refusal to issue a building permit for the construction of a single-family home on a plot of land designated as buildable in the local urban plan, with the refusal citing the inadequacy of access and a lack of connection to public utilities, despite the property being deemed buildable in principle. The appellate court annulled the refusal, reasoning that the municipality could not deny the permit based on deficiencies in access or utility connection if those issues were related to the general condition of the area and not solely attributable to the applicant's specific project, especially when the land was explicitly zoned for construction and the applicant demonstrated a reasonable intention to resolve any necessary infrastructure developments.