Assessment of Noise Emissions from a Tea Room Terrace

Facts

H. is the owner of the tea room "La Chaloupe" in Murten. The tea room is located in a development with apartments, commercial premises, and a car park. H. holds a license for the operation without alcohol, which was extended by the Police Department of the Canton of Fribourg, but with the condition that the opening hours of the terrace be limited to 11 pm.

Both H. and the neighbors, who are the owners of the condominium units in the development, have filed appeals against the decision of the Administrative Court with the Federal Supreme Court. H. requests the annulment of the decision and the remand of the case for a new assessment, while the neighbors demand further restrictions on the opening hours of the terrace and additional conditions.

Considerations

The Federal Supreme Court first establishes that the tea room is a facility within the meaning of the Environmental Protection Act and the Noise Abatement Ordinance, for which the federal regulations on noise protection apply. All noise emissions attributable to the operation, regardless of whether they are caused within or outside the building, must be taken into account.

The Federal Supreme Court examines whether the tea room is to be treated as a new facility according to Art. 25 EPA or as an existing facility according to Art. 16 et seq. EPA and Art. 8, 13 et seq. NAO. It concludes that the tea room is to be classified as a new facility, as it was established after the entry into force of the Environmental Protection Act on January 1, 1985. Accordingly, it must meet the requirements of Art. 25 EPA and Art. 7 para. 1 lit. b NAO, according to which the noise emissions generated by the facility alone must not exceed the planning values.