Noise action planning

On June 25, 2002, the European Parliament and the Council adopted "Directive 2002/49/EC relating to the assessment and management of environmental noise" ("EU Environmental Noise Directive") and transposed it into German law in 2005 by introducing Sections 47a to f into the Federal Immission Control Act. This is intended to establish a "common approach within the European Union to prevent, avoid or mitigate preferably harmful effects, including annoyance, caused by environmental noise".

In accordance with § 47d BImSchG, the responsible authorities (§ 47e BImSchG) draw up noise action plans in accordance with § 47d BImSchG on the basis of the noise maps drawn up in accordance with § 47c BImSchG, which must contain the following minimum requirements in accordance with Annex V of the EU Environmental Noise Directive:

• a description of the agglomeration, major roads, major railroads or major airports and other noise sources to be taken into account,
• the competent authority,
• the legal background
• all applicable limit values in accordance with Article 5 of the EU Environmental Noise Directive,
• a summary of the noise map data,
• an assessment of the estimated number of people exposed to noise and an indication of problems and situations requiring improvement,
• the minutes of the public consultation pursuant to Article 8(7) of the EU Environmental Noise Directive,
• the existing or planned noise reduction measures,
• the measures that the competent authorities have planned for the next five years, including measures to protect quiet areas,
• the long-term strategy,
• financial information (if available): Financial resources, cost-effectiveness analysis, cost-benefit analysis,
• the planned provisions for evaluating the implementation and results of the action plan.

Furthermore, the noise action plans should include estimates for reducing the number of people who feel annoyed, suffer from sleep disturbance or are otherwise affected by noise. The aim of these plans should also be to protect quiet areas against an increase in noise.

According to Section 47d (3) BImSchG, the proposals of the public are heard. They are given timely and effective opportunities to participate in the development and review of the noise action plans. The results of this participation must be taken into account. The public must be informed of the decisions taken. Reasonable deadlines with sufficient time for each phase of participation must be set.

The regulation of noise abatement planning in Sections 47a et seq. of the Federal Immission Control Act (BImSchG) imposes obligations on the competent authority to draw up noise maps and noise action plans, but does not give rise to any protection claims for individual affected parties (judgments of 14 April 2010 - BVerwG 9 A 43.08- Buchholz 406.25 Section 41 BImSchG No. 56 marginal no. 46). April 2010 - BVerwG 9 A 43.08- Buchholz 406.25 § 41 BImSchG No. 56 para. 46 and from October 10, 2012 - BVerwG 9 A 20.11- Buchholz 407.4 § 17 FStrG No. 229 para. 30).