Questione giuridica chiave
Whether the recours de droit administratif was admissible for the noise sensitivity zoning complaints under Art. 43 OPB
Decisione estratta
The administrative-law appeal was at least doubtful in admissibility because the complaints concerned land-use zoning choices rather than the direct application of noise law.
Motivazione estratta
The appellants relied on Art. 43 OPB, but in substance attacked the new land-use designation. Such objections belong in public-law appeal, not administrative-law appeal. In any event, a sensitivity level II for the appellants’ zone was not warranted given the surrounding industrial uses.