Facts
On 6 April 2000, diAx SA (now TDC Switzerland SA) submitted a building permit application to the Municipality of Locarno for the installation of six mobile telecommunications antennas and an electronic equipment cabin on the roof of a building owned by Officine idroelettriche della Maggia SA. The X. estate, owner of the adjacent plot no. 2511, objected to the project, arguing that planning, construction and environmental protection regulations were not being complied with.
The Municipality of Locarno issued the building permit on 31 August 2000, rejecting the objection. The X. heirs then appealed to the State Council of the Canton of Ticino, which upheld the appeal, annulled the municipal building permit and referred the case back to the Department of Territory for further review. The Administrative Court of the Canton of Ticino subsequently dismissed an appeal by diAx SA and confirmed the government's decision.
Considerations
The appellant argues that Article 3(3)(c) of the Ordinance on Protection against Non-Ionizing Radiation (ORNI) lacks a sufficient legal basis and violates several articles of the Federal Constitution. However, the Federal Supreme Court has recognized the compatibility of the ORNI with the Federal Environmental Protection Act, which constitutes the necessary and sufficient legal basis.
The ORNI clearly distinguishes between the immission limit values, which must be complied with wherever people may be present, and the installation limit values, which apply only in sensitive use areas. The latter serve to preventively limit emissions in accordance with the Environmental Protection Act.
The cantonal…