Facts
The appellants, a group of individuals living near the planned mobile phone antenna, have filed an appeal against the building permit for a mobile phone antenna of Orange Communications SA. The antenna is to be erected on the roof of a building in the residential and commercial zone 90 in Kreuzlingen. The appellants argue that the antenna would affect their health and the local landscape.
The Administrative Court of the Canton of Thurgau has dismissed the appeal, and the appellants have subsequently filed an appeal with the FSCA. They argue that the building permit is unlawful, as the antenna would exceed the limit values of the Ordinance on the Protection from Non-Ionising Radiation (NIRO) and would affect the local landscape.
Considerations
1. Admissibility of the appeal
The FSCA has decided that the appeal is admissible, as the appellants have sufficiently stated their interests and the appeal meets the formal requirements.
2. Legal basis
The FSCA has stated the legal basis for assessing the appeal. It has found that the building permit for the mobile phone antenna is to be assessed on the basis of the Ordinance on the Protection from Non-Ionising Radiation (NIRO) and the Federal Act on the Protection of Nature and Cultural Heritage (NCHA).
3. Health risks
The FSCA has examined the appellants' arguments regarding the health risks of the mobile phone antenna and found that the scientific evidence is not sufficient to prove a health risk from the…