2023-12-30 06:02:03
A sawmill close to homes, neighbors who can no longer stand the excessive noise generated by this activity: the climate in a residential area of Riddes (VS) is not good. The conflict has lasted for many years and the various procedures initiated by local residents have often been in vain. In 2021, however, the Valais courts ordered the partial closure of the sawmill, which had no other choice but to clean up some of its facilities or move. The following year, the municipality asked the operator for a building authorization file for the sanitation measures requested and those already carried out. But the neighbors opposed it and the case went to the Federal Court (TF).
He examined all the details and ended up following the opinion of the Valais Cantonal Court which ruled that the interest, and the health, of neighbors disturbed by noise emissions exceeding the authorized limit could not lead to the prolonged ban on using certain sawmill tools, which would “very likely endanger the economic survival of the company.” The TF, however, weighed this point by recognizing that local residents had been suffering nuisances for many years and that the current clean-up procedure was expected to extend over a long period.
The federal judges therefore believe that it is necessary to examine whether less brutal measures than a complete interruption of the sawmill’s activity are possible in order to reduce noise and protect neighbors. They cite, for example, a restriction of working hours, a ban on the use of certain machines or “any other technical, constructive or operational measure” making it possible to achieve this goal. But they point out that it is not the responsibility of the TF to rule on such questions, which is why the case is referred to the Valais courts.
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#Riddes #sawmill #noise #war #continues