Decision on the right of objection and appeal of residents against a planned inert waste landfill

Facts

I. AG intends to construct and operate a landfill for uncontaminated excavation material in the Stockeri area, municipality of Risch. Against the construction permit for the "Stockeri" landfill and against the cantonal land use zone for waste disposal facilities "Stockeri", eight persons or married couples from Risch filed an appeal. The Federal Supreme Court examines whether these appellants have the right to file an objection and appeal.

Considerations

The Federal Supreme Court finds that the appellants, who live in the immediate vicinity of the planned landfill access road, are entitled to file an objection and appeal. The additional truck traffic to the landfill will be clearly perceptible to these residents, even though the purely mathematical noise increase is less than 1 dB(A). Such a change in the composition of traffic with an increased proportion of trucks is relevant, as trucks generate significantly more noise than passenger cars. The Federal Supreme Court notes that with regard to the precautionary principle, the landfill traffic must be…