Questione giuridica chiave
Whether the ball field was permissible under noise-control law despite being treated as a new fixed installation.
Decisione estratta
The project could be allowed, but additional noise mitigation had to be ordered under the precautionary principle; the appeal succeeded only to that extent.
Motivazione estratta
Because the use changed, the facility had to be assessed as a new installation. For sport-related everyday noise without binding limit values, the court accepted an individual assessment and upheld the operating-time restrictions and most mitigation measures. However, precaution also required examination of sound insulation for the longer side wall.