Questão jurídica principal
Whether the building permit could be granted despite aircraft noise exceedances under Art. 22 LPE and Art. 31 OPB.
Decisão extraída
No. The projected dwellings could not be made compliant by layout or construction measures, and no derogation was justified.
Fundamentação extraída
The site was exposed to aircraft noise beyond the applicable immission limits. The proposed technical measures did not ensure compliance at open windows, and the interest in building did not outweigh public health protection.