A sawmill close to houses, neighbors who can no longer tolerate the excessive noise caused by this activity: the climate in a residential area of Riddes (VS) is not good. The conflict lasted for many years and the various procedures initiated by local residents were often unsuccessful. However, in 2021, the Valais courts ordered the partial closure of the sawmill, which had no choice but to renovate or relocate parts of its facilities. The following year, the municipality requested a building permit file from the operator for the renovation measures that had been applied for and had already been carried out. But the neighbors resisted and the case went to the Federal Court (TF).
He examined all the details and finally followed the opinion of the Valais cantonal court, which decided that the interest and health of neighbors disturbed by noise emissions above the approved limit cannot lead to a longer ban on the use of certain sawmill tools, which would ” “very likely to endanger the company’s continued economic viability.” However, the TF weighed up this point by acknowledging that residents had been suffering nuisance for many years and that the current remediation process was likely to take place over a long period of time.
According to the federal judges, it must therefore be examined whether less brutal measures than a complete interruption of sawmill operations are possible to reduce noise and protect neighbors. They cite, for example, a restriction on working hours, a ban on the use of certain machines or “any other technical, constructive or operational measure” that makes it possible to achieve this goal. However, they point out that it is not the responsibility of the TF to decide on such issues, which is why the case is referred to the Valais courts.
Don't miss any more news
To stay up to date on your favorite topics and not miss any news, subscribe to our newsletter and receive the most important news of the day directly in your inbox every day.