Immission protection concerns self-service gas station - building permit?

Hello dear ones,

after waiting for our building permit for over 2 months now, we learned today from inquiries by our architect at the municipality that the municipality currently has concerns regarding emission protection due to a self-service gas station and will not issue us a building permit without discussing this issue.

When asked, the responsible employee told us he has concerns that this self-service gas station would cause increased noise pollution, especially in the evening and night hours, and that corresponding precautions would need to be taken. He himself is actually not responsible for the topic of emissions; another employee handles that, but she is sick, so he is doing it.

Now my question is: can the municipality refuse the building permit based on these concerns, which in my opinion are unfounded? After all, we are aware that there is a gas station, and we do not see it as an extremely large source of noise since this gas station is not really heavily frequented.

When asked what he would imagine as a solution, he said he might suggest installing a noise protection wall, but he does not know if that would help; this would have to be examined by an expert.

Do you possibly have an idea how to satisfy this very difficult municipal employee without causing additional costs that we consider unnecessary?

Attached is an excerpt of the matter.

Regards Tobi

Do you possibly have an idea how to satisfy this very annoying municipal employee without causing additional costs that we consider unnecessary?

Well, if the lower emissions control authority (which he obviously represents at least as a substitute), usually doesn’t let you avoid a noise technical investigation of a §29 measuring point.
You can only avoid additional costs if you can prove that the gas station is completely closed at night (22-6 o’clock). But self-service usually doesn’t sound like that.

A corresponding investigation costs about ~2,000 EUR. So in the overall context, not a huge item.

Install soundproof windows as required on major federal highways. If you still have objections then that is another matter.

Soundproof windows of class 3 are planned, which is not sufficient for the gentleman from the building authority.

Soundproof windows of class 3 are planned, which is not sufficient for the official from the building authority.

Noise from commercial operations such as gas stations is determined and assessed in Germany according to TA Lärm. This assessment regulation itself does not consider passive noise protection measures for commercial noise, such as soundproof windows, since the immission reference values each refer to outdoor levels.
Factually and professionally, it is therefore completely correct for the case officer not to be impressed by soundproof windows.

Why should a gas station actually be louder than the street where cars can also drive all night? Especially at a self-service gas station, where you don't have to expect loitering drunks, I wouldn't have any concerns.