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

  • Erstellt am 2018-09-13 17:17:50

EmNaLeSaTo

2018-09-15 18:35:18
  • #1
I went to the property today and wanted to measure the noise level right at the border to the gas station, but unfortunately I had absolutely no reading when someone was refueling because it is simply not audible. I will leave the measuring device there overnight to record, but even then probably nothing will be noticeable from the gas station’s side, so tomorrow evening I will go refuel aggressively (slamming the door open and shut, etc.) to see what happens. So for me, the reason given for denying me the building permit is unfounded!
 

Mottenhausen

2018-09-15 23:34:17
  • #2
Why? MayrCh explained it well:

it's not about noise or no noise, it's about compliance with laws. If the gentleman grants you the building permit based on: "actually you don't hear anything further," then he might ultimately be committing a crime himself and lose his job. Would you risk that for someone else in his position?
 

MayrCh

2018-09-16 00:35:37
  • #3


Who refused you what, and for what reason? I think there is no written statement yet.


Then the proof for a §29 measuring point should be all the easier. By the way, they do not measure first but make a calculated forecast. Actual measurement would be much too elaborate, expensive, and of little significance.

And as already said, I would keep as quiet as possible towards the lower emissions control authority. The obvious situation would justify further proof on your part from an emissions control law perspective.
 

11ant

2018-09-16 01:06:21
  • #4
If the legal situation seriously demands this from the homebuilder, it is, in my opinion, perverse: if the gas station is a nuisance, in my opinion, the gas station should not be built, but not the house. Disturbances come from the perpetrator, not the victim.
 

Alex85

2018-09-16 05:53:38
  • #5


However, the gas station already exists and was approved. There is another commercial business next door.
Should they be torn down now? This is probably a mixed-use area, not a purely residential area!

Therefore, I would not plan for the future based on "you can't hear anything at night right now," because there is commercial activity next door. That can (and must) sometimes get louder. If the day after tomorrow it becomes the new meeting place for trucks, then so be it. I also think this is a reason for the authority – what is not the case today can be different tomorrow.

I therefore see it completely differently than 11ant – no residential building should be approved unless appropriate protective measures can (or want to) be provided.
 

EmNaLeSaTo

2018-09-17 10:17:44
  • #6
the gentleman from the office is not concerned about the future but about the here and now, and it is simply a fact that at the present time the gas station does not bring any noise to the property.

I talked to the residents on the other side of the gas station who are exactly 10 meters closer to the gas station than we are ourselves; this house was built 2 years ago, the gas station in its current form already existed as well as the workshop building, and no protective measures were necessary. What the office is now demanding is, to me, far-fetched.
 

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