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

  • Erstellt am 2018-09-13 17:17:50

MayrCh

2018-09-14 17:31:47
  • #1

In Germany, a distinction is made according to the polluter-pays principle between

    [*]road traffic noise
    [*]rail traffic noise
    [*]aircraft noise
    [*]industrial noise
    [*]recreational noise
    [*]as well as neighborhood noise and noise at the workplace.

Behind each type of noise there is an independent legislation with its own regulations, responsibilities, and respective correct and limit values. The question of whether a gas station can be louder than a street does not arise from a professional point of view. Even if common sense might say otherwise.


The problem with self-service gas stations often is not the assessment levels during the loudest night hour, but so-called short-term peak levels frequently exceed the guideline values when residential buildings approach.
 

EmNaLeSaTo

2018-09-14 17:38:29
  • #2
I still do not really understand the problem because even if the noise sources are listed separately, the traffic on the federal highway is by far higher than that of the self-service gas station, which is also more or less just around the corner.

In addition, there are three large fruit trees in the direction of the street and gas station that almost completely absorb the remaining noise coming around the corner.

I have now inquired with the operator of the gas station whether it would be possible to get a statistic on usage during the evening and night hours; the lady could not promise anything but will do everything possible to help us and also sees the concerns as exaggerated.

The gas station is visited during the evening and night hours—except at shift change times—by a maximum of an average of 10 cars per hour (according to two neighbors), which does not really represent heavy traffic.
 

MayrCh

2018-09-14 18:38:20
  • #3
Again. Self-service gas station: commercial noise according to TA Lärm. Federal road: road traffic noise according to 16th BImSchV. Literally apples and oranges. I would under no circumstances argue the high traffic volume of the federal road to the lower emissions control authority. Otherwise, they might get the idea to have compliance with the 16th BImSchV checked. And then also a noise protection verification against external noise according to 4109. In the obvious mixture of situations, I would keep quiet in your place and be glad that the approval authority only notices the commercial noise. Even if the emissions control authority is maximally lenient regarding vegetation attenuation: fruit trees are far from evergreen, so max. 6 months “in leaf.”
 

EmNaLeSaTo

2018-09-14 18:41:08
  • #4
I think I simply think too rationally about the whole thing.

I am supposed to protect my property from noise that is not really there and even pay for it, which to me is simply blatant mockery.

What do you suggest I should do with the authorities to bring the matter to a close as quickly as possible? After all, every further construction delay costs me money in the form of commitment interest.
 

MayrCh

2018-09-14 18:49:39
  • #5


The fastest way is probably always to comply with the demands. Is there anything in writing from the building authority, possibly in the form of conditions?
If the authority requires an acoustic investigation: ask them directly for recommendations on which §29 measuring station should carry it out. Authorities recommend reliable offices that they know how they work. And the recommended offices know the requirements of the respective authority.
 

EmNaLeSaTo

2018-09-14 19:05:48
  • #6
No, there is nothing in writing yet, the gentleman doesn't even really know if this gas station could become a problem or not, let alone what could be done.

On Monday I have a meeting with this gentleman (he is only doing this temporarily, actually has nothing to do with emissions) and the head of the building law department; he wants to talk to his boss again beforehand.
 
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