Facts
The married couple [X.] and the family [Y.] filed a complaint against the building permit for a mobile phone antenna of Orange Communications SA in Bolligen. The complainants argued that the immission-related permissibility of the construction project had not been proven and that the calculation bases of the site data sheet had not been verified.
The defendant, Orange Communications SA, had submitted a building application for the construction of a mobile phone facility with three GSM and three UMTS antennas on the roof of the residential and commercial building Worblentalstrasse 161 in Bolligen. Numerous objections were raised against the construction project.
The Administrative Court of the Canton of Bern partially upheld the complaint and dismissed it in all other respects. The complainants then filed an administrative appeal with the FJA.
Considerations
The FJA examined the administrative appeal and found that the immission-related permissibility of the construction project had not been proven. The calculation bases of the site data sheet had not been verified, and the immission prognosis was incorrect.
The FJA found that the maximum ERP of the facility had not been verified and that the residents had a…