Facts
On May 12, 2009, [A.] was authorized to construct a residential building on plot no. e, with a specific condition relating to the technical installations which had to comply with the legislation on noise protection. However, [A.] installed an outdoor heat pump without authorization. After complaints from neighbor C., the municipality of D. refused the building permit for this heat pump and ordered its dismantling, on the grounds that it did not comply with the planning values for noise protection.
[A.] and B. Sàrl, the owner of two lots of the condominium (PPE) constituted on plot no. e, appealed against this decision. The Cantonal Court of Valais confirmed the demolition order, considering that the disputed installation, erected without right, could not be authorized retrospectively because the remediation measures had not significantly improved the situation and the principle of emission prevention was not respected.
Considerations
In general, the Federal Tribunal considered that noise protection is ensured by the cumulative application of planning values and the principle of preventive limitation of emissions. Even if the planning values are respected, an installation can violate the prevention principle if its location is not chosen to minimize noise disturbance.
In this case, the Federal Tribunal ruled that the remediation measures carried out had only led to a slight improvement, bringing the level of…