NOISE ABATEMENT PLANS / NOISE ACTION PLANS
6.3 Noise action plans

Noise action plans are "designed to manage noise issues and effects" (§ 47d para. 1 of the Federal Immission Control Act). In order to define what noise issues and noise effects are, most Länder, including Baden-Württemberg (by the Ministry of Transport and Infrastructure in 2012 with its "Cooperation Order on Noise Abatement Planning") have determined what is called action values; if these values are reached or exceeded, the affected areas shall in any case be included into a noise action plan, as for example:

- 65 dB(A) for the day-evening-night noise indicator L_DEN

- 55 dB(A) for the night noise indicator L_Night

provided that this not only affects a small number of people.

As of these values, the health risk rises significantly. But the Ministry recommends analyzing all mapped areas even if they stay below the noise values. These areas shall be included for example if they are in close proximity to the above-mentioned areas or if they present a long-time "noise hot spot".

Areas with a L_DEN of more than 70 dB(A) or 60 dB(A) at night require the designation of urgent measures (for further information on the situation of Baden-Württemberg, please see the "Cooperation Order on Noise Abatement Planning" by the Ministry of Transport and Infrastructure from 23 March 2012).

Action values must not be confused with target values in the context of noise abatement plans, which shall be reached or better, if possible, not reached in order to reduce or prevent health risks or noise disturbances. An increased health risk must quickly be excluded in highly noise-polluted residential areas. In the longer term, target values shall become stricter and stricter.

A noise action plan shall represent a means to systematically reduce the noise impact on the population, allowing for a coordinated implementation of the required measures. A distinction is made between measures projected within the next five years and a long-term strategy. The plan shall also list the noise abatement effect, the agencies responsible for the implementation as well as the approximate expected costs (if possible).

Its explicit purpose is not only to reduce noise in noisy areas but also to protect quieter areas from an increase of noise. The participation of the public is also an important aspect; § 47d para. 3 of the Federal Immission Control Act says: "The public shall be consulted about proposals for noise action plans. It shall be given early and effective opportunities to participate in the preparation and review of the noise action plans. The results of that participation shall be taken into account. The public shall be informed on the decisions taken. Reasonable time-frames shall be provided allowing sufficient time for each stage of public participation."

As a minimum requirement, it is recommended to put the draft of a noise action plan on display, including its publication on the Internet, and to give the citizens the opportunity to make a statement within an appropriate time-frame (about six weeks). It would be better, but also more time-consuming and more expensive, to let the population have an active role in the drawing up of the noise abatement measures already, e.g. in workshops or web forums.

All relevant authorities that are responsible for the implementation of the measures in their function as public agency shall be involved in the drawing up of a noise action plan. Those authorities that must consider the planning legislative designations in noise action plans for their own schedules shall also be involved. The sooner these agencies are involved and the closer they cooperate with the municipality establishing the plan, the more efficient the planning of measures is (see also "Cooperation Order on Noise Abatement Plans" by the Ministry of Transport and Infrastructure, 2012).

§ 47d para. 6 in conjunction with § 47 para. 6 of the Federal Immission Control Act lays down that measures in noise action plans shall be adopted by ordinance or other decision from the responsible public agency according to this act or other legal provisions (e.g. planning, building or traffic law). The plan itself does not represent an independent legal basis for the directing of noise abatement measures however. They can only be implemented if they are permissible according to the relevant legislation. This means that the competent authorities still have a certain scope to decide if and how they will carry out particular measures. But if the weighing of the measures was carried out without legal errors and if the requirements of the relevant legislation (e.g. traffic law) are fulfilled, the competent authority must implement the measure.

Noise action plans have no immediate legal effects for or against the public. They are binding for public authorities insofar as the statements within a noise action plan must be considered for the weighing of different interests (environmental or economic interests etc.) during the planning procedure (like the drawing up of a legally binding land-use plan). The authorities can so attribute more importance to other interests than to the interests of noise abatement. On the other hand, a noise action plan can concretize noise abatement aspects and therefore increase their influence in the weighing process.

As noise action plans have purely administrative effects, the public cannot claim the implementation of particular measures mentioned therein. A noise action plan alone does not grant the right to the realization of a particular measure or plan, e.g. the construction of a noise protection wall.

"The noise action plans shall be reviewed, and revised if necessary, when a major development occurs affecting the noise situation, and at least every five years after being established" (§ 47d para. 5 of the Federal Immission Control Act). A progress report shall at least be set up after five years, illustrating to which degree the measures laid down in the previous plan were implemented.

The public must also be involved in the revision of a noise action plan in the same way as in its first drawing up (see above). Figure 6/2 shows the model course of noise mapping and noise action planning; please note that only those noise sources must be treated which shall be mapped according to the Environmental Noise Directive (see section 6.1). Municipalities in the proximity of major roads must therefore only draw up a noise action plan for road traffic provided that there are no other noise sources subject to mapping:

The actions which the competent authorities can take in their field of competence may for example include:

• traffic planning
• land-use planning
• technical measures at the noise source
• selection of quieter sources
• reduction of sound transmission
• regulatory or economic measures or incentives

In the context of land use planning, § 47d para. 6 in conjunction with § 47 para. 6 sentence 2 of the Federal Immission Control Act lays down that the responsible planning bodies shall consider planning legislative designations in their own planning if these designations were included in a noise action plan.

Figure 6/3 gives an example of a set of measures.

For further details on noise abatement planning, please see the Bibliographical references given in chapter 8 (e.g. the Guide on the drawing up of noise action plans in inter-municipal cooperation, MVI, 2011) and the Related websites in chapter 9 (especially the websites of LUBW and MVI).