Questão jurídica principal
Whether the permit complied with noise-protection requirements for new buildings exposed to excess road noise.
Decisão extraída
No. The available construction and design measures under Art. 31(1) OPB had not all been exhausted, so the exceptional permit route under Art. 31(2) OPB was unavailable.
Fundamentação extraída
The parties later admitted that other feasible measures had not been examined. Because less intrusive measures could still protect the building against noise, the cantonal court could not uphold the permit on the basis of an exceptional interest.