Facts
The condominium building "Les Pins" was constructed in 1968 on the territory of the municipality of Randogne. A small playground with a double swing and a sandbox was set up north of the building. The Konrad spouses, owners of an adjacent chalet, have repeatedly complained about the noise caused by children playing on this playground, located approximately 25 meters from their chalet.
After the municipality of Randogne rejected their request for intervention, the Konrad spouses brought the case before the State Council of the Canton of Valais, and then the Cantonal Tribunal, without success. They finally appealed to the Federal Tribunal, requesting the annulment of the Cantonal Tribunal's judgment and the relocation of the playground or the establishment of a usage schedule.
Considerations
The Federal Tribunal first examined whether the noise from the playground was subject to the Federal Act on Environmental Protection (LPE). It considered that "behavioral" human noises, such as children's cries, were in principle covered by the LPE, as they are directly related to the operation of a facility (the residential building and its playground).
However, in the absence of immission limit values set by the Federal Council for this type of noise, the enforcement authority must assess on a case-by-case basis whether the nuisance is excessive according to the general criteria of the LPE. The Federal Tribunal considered that, in the…