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Dominik Hertach Street is officially recognized as noise-proof. The resident is anything but satisfied and goes to federal court.
Dominik Hertach from Kriens has had enough: he lives on a noisy traffic hub, Luzernerstrasse. This one goes through the middle of the Lucerne suburb and therefore there is a lot of traffic. The noise limit is exceeded almost continuously. And yet the street is considered officially renovated with acoustic protection.
Renewed noise protection, but still too loud – how can that be? Hertach de Kriens describes the cantonal declaration as “mock renewal” or “paper renewal”. The canton makes use of legal exceptions. If noise reduction cannot be achieved with “proportionate measures”, the canton can approve so-called relaxation measures. This means that the noise limit value can be exceeded.
The canton’s noise reshaping was only carried out on paper.
This is exactly what the canton of Lucerne did almost 20 years ago on Luzernerstrasse in Kriens, where Dominik Hertach lives and runs a business. «The canton’s noise remodeling has only been done on paper. The noise was not effectively reduced ”, criticizes Hertach. His fight against street noise is no coincidence, he is also the managing director of VCS Luzern. However, as a private individual, he is taking action against the “renewal of the role” of the canton of Lucerne. He started crowdfunding to go to the Federal Supreme Court and raised the sum of 30,000 francs in one week.
Various sections of the VCS such as Solothurn, Zug or Liechtenstein also support the process. They promise a precedent before the federal court that would broadcast in their regions. It is the first time that noise reduction of this type has been questioned in retrospect.
If Dominik Hertach de Kriens wins in Lausanne, other cantons will also have to rethink their practice. In particular, this would mean that the authorities could not be satisfied with taking noise protection measures in the affected houses, for example by installing better windows. Rather, it would have to be renewed at the source of the noise itself, that is, on the street with whispered pavements or Tempo 30.