Facts
The owner of a plot of land located in the high-density mixed zone of the general zoning plan of the city of Lausanne submitted an application for authorization to demolish the existing buildings and construct a building with 18 apartments. The application was subject to a public inquiry and was opposed by a neighboring owner. The municipality issued the building permit with certain conditions, including the construction of a soundproof wall and the installation of a glazing system for certain rooms. The neighboring owner lodged an appeal against this decision, which was dismissed by the cantonal court. The Federal Court was seized of a public law appeal.
The project involves the construction of a building with 18 apartments, with noise protection measures such as non-opening windows, glazing, and soundproof walls. Exceedance of the immission limit values (ILV) is observed at the level of certain windows, but the cantonal court considered that the protection measures ordered by the Environment Department (NAO) were sufficient to limit the nuisances.
Considerations
The Federal Court's decision is based on art. 31 para. 2 of the Ordinance on Noise Protection (NAO), which allows a building permit to be issued with the consent of the cantonal authority if the measures set out in art. 31 para. 1 let. a and b NAO do not permit compliance with the immission limit values. The court considered that the conditions authorizing the NAO to give its consent to the project were met, in particular due to the urban location of the project and the requirements related to land use planning.
The court also examined the exceedance of the ILV at the level of each window of the sensitive use premises and considered that the noise protection measures ordered by the NAO were sufficient to limit the nuisances. The court also took into account the urban location of the project and the land use planning objectives pursued, such as the densification of the urban…