Whether immission limits are lawful as ancillary provisions in building permits for commercial facilities depends on their necessity. On the one hand, the regulations of a building permit must be determined in such a way as to ensure the observance of the consideration required of neighbors. Here, the approval authorities sometimes tend to make unjustifiably high noise protection claims. The building owner should therefore critically examine the zoning. Already a "mixed situation" permits not only an increase of the immission guide values, but lets the quiet time surcharge be omitted.

If the operating modalities regulated in the permit already do not lead to the expectation of an unreasonable impairment of the neighbors, the determination of immission limits in the building permit is not required. This has now decided the OVG Lüneburg (08.10.2020 - 1 ME 53/20).

If you have any questions on this subject, please contact attorney Dr. Haaß.