Noise protection for new construction next to existing commercial properties, gas station...

First of all, a "hello" to everyone,

we have purchased a plot of land which is located next to a self-service gas station with 2 pumps and on a busy federal road during the day. Now we want to build a single-family house on this plot and were informed by the city's emissions protection officer by phone that we cannot be issued a building permit unless we erect a noise barrier or something similar to protect us from the noise of the refueling (which is not really existent) customers of the gas station.

But I ask myself, is it really our responsibility to provide noise protection there, or is it rather the noise polluter's duty to ensure noise protection?

We acquired this plot as a building plot with the note that a single-family house or a multi-family house may be built there. The plot was purchased through a real estate agent.

I hope for enlightenment.

Regards Tobi

Didn't you already start a topic regarding this a few weeks ago?

right, it was about the fundamental question of whether this requirement (which I still have not received in writing to this day) is even lawful.

And precisely because of such questions, I as the approving authority would never waive noise protection requirements. :-D If, three years after moving in, the noise does become too much, you belong to the clientele that makes demands on the gas station...

Whoever knowingly settles near a noise source must live with it.

which is a statement based on speculation.

We bought the property with the knowledge that there is a gas station there and, since there is also a federal highway, the windows were designed accordingly, but that I now have to pay nearly €8,000 for a wall to a gas station that does not really cause noise was neither told to me in advance nor did I expect that this gas station could ever become a problem.

Statements like yours are merely speculation and you are welcome to save yourself them in the future.

Sorry, but you yourself assume that the currently visible noise from the gas station will not increase. That you didn’t know about possible regulations regarding noise protection in mixed-use areas cannot be blamed on the municipality or authority (if I wanted to be snide, I could ask why you didn’t inquire about possible regulations due to the commercial neighboring areas!?). They apparently do what is prescribed, and that’s that. The manager also seems willing to compromise, as he shows you a way to meet the requirements through a quick administrative channel. Friends had a similar problem where suddenly there were requirements regarding noise protection. They did not come off as well as you did.