Questão jurídica principal
Whether the relaxation granted for the Weltistrasse properties complied with federal noise protection law.
Decisão extraída
No. The lower court accepted predominant interests without sufficient evidence on the consequences of diverting through traffic to the higher road network.
Fundamentação extraída
Noise-relief exceptions under Art. 17 USG and Art. 14 LSV must be granted restrictively. A serious variant study was missing; only if the effects of traffic diversion on the higher network are known can predominant interests justifying relaxation be assessed. The alleged additional load on Entfelderstrasse was not a sufficient ground on the record.