Facts
The Bölli South area in the municipality of Niederlenz is assigned to the residential zone W2 with noise sensitivity level II and borders an industrial zone with an industrial facility. The planning values for industrial and commercial noise are exceeded by up to 15 dB(A) in the Bölli South area.
In 2013, the Niederlenz Municipal Council granted several building permits for single-family homes in the Bölli South area. The complaint filed against this by F. AG was upheld by the Administrative Court of the Canton of Aargau, and the building permits were revoked.
The building owners have filed an appeal against the administrative court's decisions with the Federal Supreme Court.
Considerations
The Federal Supreme Court notes that according to the Environmental Protection Act (USG) and the Noise Abatement Ordinance (LSV), the immission limit values must be complied with at all windows of noise-sensitive rooms. The so-called "ventilation window practice", according to which it is sufficient if the limit values are complied with at at least one window per room, is contrary to the law.
This practice would undermine the health protection intended by the legislator, as building owners would then only have to shield the ventilation windows on the side away from the noise, without taking any further noise protection measures.
Although the…