Facts
The city of Lucerne is planning to renovate the break, play and sports area of the Moosmatt schoolhouse. The building application provides for the creation of an all-weather pitch with a mini football and a basketball court. Numerous residents, including the complainants [X.] and [Y.] , objected to the construction project, fearing that the noise emissions would be excessive.
The Administrative Court of the Canton of Lucerne dismissed the complaint, insofar as it was entertained. The complainants appealed to the Federal Court and requested that the contested decision and the decision on the objection of the city of Lucerne be revoked and the requested building permit be refused.
Considerations
1. Admissibility of the Complaint
The complaint is admissible, as the contested decision is a final decision and the complainants are entitled to appeal as owners of an apartment adjacent to the school grounds.
2. Obligation to Recuse of the City of Lucerne
The complainants argue that the city of Lucerne, as the applicant and owner of the land, should not have decided on the building permit and the objections itself. The Federal Court denies an obligation to recuse, as the city of Lucerne is pursuing public and not private interests with the construction project and no private interests of the authorities' members are apparent.
3. Noise Protection
The complainants claim that the noise disturbance of the residents has not been seriously investigated. The Federal Court finds that the noise report is insufficient and the factual basis in terms of noise has not been fully established. The matter is therefore referred back to the Administrative Court for completion of the noise report and a new assessment.
4. Historic Park and Garden Facility
The complainants argue that the protected park and garden…