How much noise can the industry emit? Commentary by Dorota Chramęga

The Supreme Administrative Court in its judgment of 20 February 2018, in the case with reference number II OSK 1949/17, established that the content of the local zoning plan determines the category of areas, to which plots belong, on which measurements of noise generated by the mine were made. This judgment is commented by a legal counsel from GWW, Dorota Chramęga, on portalsamorządowy.pl: “In other words, the court of appeal emphasized that in the situation covered by the regulation of Article 115a (1) of the Act of 27 April 2001 on Environmental Protection Law (i.e. determination by the environmental protection body, on the basis of its own measurements, measurements made by a voivodeship inspector for environmental protection or measurements of an entity obliged to make them, that permissible noise levels are exceeded outside a plant as a result of its activity), the body deciding on the permissible noise level generated by a given plant is to follow the contents of the local zoning plan”.

A broader commentary on this judgment can be found by clicking the link: https://www.portalsamorzadowy.pl/ochrona-srodowiska/ile-halasu-moze-emitowac-przemysl-nsa-zabral-glos,118511.html