Facts
On January 17, 2008, A.X. AG submitted a building permit application to the Burgdorf Municipal Authority for the construction and operation of an outdoor construction waste recycling facility on the plot Burgdorf Land Register Sheet No. x. Several neighbors filed objections to the construction project. The Building and Planning Commission of the Burgdorf Municipal Authority ultimately refused the overall building permit.
A.X. AG filed an appeal against the refusal of the permit. The Construction, Transport and Energy Directorate of the Canton of Bern upheld the appeal and granted the overall permit. The neighbors then filed an administrative court appeal with the Administrative Court of the Canton of Bern, which upheld the appeals and refused the overall permit.
Considerations
The Federal Supreme Court dismissed the appeal of A.X. AG. It concluded that the noise caused by the mobile crusher significantly exceeds the immission limit values and that an exception to the limit values is not permissible.
The Federal Supreme Court stated that in assessing the permissibility of the noise, the average noise level during the actual operating time of the mobile crusher, rather than the annual average noise level, must be considered. A conversion of the noise, as is permissible for transport…