NOISE FROM SPORTS AND LEISURE FACILITIES
5.2.3 Guideline for Leisure Noise

Leisure noises are generally determined and assessed according to the Guideline for Leisure Noise (calculation and measurement). It is part of the Model administrative regulation on the determination, assessment and reduction of noise immissions by the Federal States’ Immission Control Committee (LAI) from 4 May 1995, which has been withdrawn for the rest. The main feature of the Guideline for Leisure Noise is the recognition of what is called "rare events". It allows an exceedance of the immission guide values on no more than ten days or nights within one calendar year.

Several Länder governments have adopted their own guidelines for leisure noise, which basically correspond to the model regulation.

Baden-Württemberg has not yet issued its own guideline for leisure noise; the LAI Guideline for Leisure Noise only serves as a complementary means for the assessment pursuant to TA Lärm.

The Guideline particularly applies to the following sites:

• properties on which disco events, live music and rock music events, open-air concerts, regular fireworks, folk festivals etc. take place under canvas or open air
• gambling halls
• fairgrounds
• open-air theatres
• drive-in cinemas
• leisure parks
• pleasure grounds
• adventure playgrounds (Robinson playgrounds, activity playgrounds)
• special zones for leisure activities, e.g. barbecue areas
• waterside areas
• water parks, also as outdoor facility in combination with indoor swimming pools
• model vehicle facilities, water surfaces for ship models
• summer toboggan runs
• circuses
• dog training places

The indications refer to the protection of the resident population in the built-up proximity of leisure facilities. They help to assess harmful effects on the environment within the meaning of the Federal Immission Control Act (see section 2.1.1). Harmful effects represent a significant annoyance for the neighbourhood or the general public. The significance of the sounds depends on their intensity as well as on the type of use of the territory, the type of sound, the impact period and the attitude of the affected people towards the noise source. The immission guide values are set to fit an averagely sensitive person.

According to § 22 of the Federal Immission Control Act, leisure facilities not subject to licensing "shall be constructed and operated in such a way that harmful effects on the environment which are avoidable with the best available techniques are prevented". Unavoidable harmful effects on the environment "shall be kept to a minimum". A prohibition of the operation pursuant to § 25 of the Federal Immission Control Act shall only be considered if the "life or health of human beings or valuable material assets" are threatened. This condition should normally not be fulfilled by leisure facilities.

Conflict situations, like the direct neighbourhood of residential areas and leisure facilities, which are incompatible with the needs of the residents, require mutual consideration. Residents must perhaps accept more noise than elsewhere if all proportional noise abatement measures have been taken at the leisure facilities. The sound levels which must be tolerated shall preferably not exceed the immission values of the type of area with the next lower protection claim. With reference to TA Lärm, the degree of required protection of a mixed area should at least be kept.

In the case of planned installations, possible disturbances from car parks, loudspeakers, cheers of spectators etc. must be considered.

The guide values are identical with those of the Ordinance on the Prevention of Noise from Sports Facilities. But the regulations differ in what is rest periods and the so-called rare events. As for that, the Guideline for Leisure Noise has somewhat stricter standards than the 18th Federal Immission Control Ordinance.

In Baden-Württemberg, the LAI Guideline for Leisure Noise is applied as a complement to TA Lärm. Other Länder (Bavaria, Bremen, Hamburg, Hesse) use it as a source of information in addition to the application of TA Lärm or the 18th Federal Immission Control Ordinance. Berlin applies its own State Immission Control Act (Landes-Immissionsschutzgesetz Berlin/LImschG) or the corresponding implementation regulation to LImSchG) while the Saarland assesses according to TA Lärm.

Brandenburg, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate and Schleswig-Holstein have introduced the LAI Guideline for Leisure Noise (partly in a modified version), and Lower Saxony includes an immission control rights assessment according to TA Lärm (with 18 instead of ten possible rare events). Saxony recommends applying the LAI Guideline for Leisure Noise and Saxony-Anhalt has published a short instruction on the LAI Guideline for Leisure Noise with reference to TA Lärm and the 18th Federal Immission Control Ordinance.

Throughout Germany, the legal practice uses the LAI Guideline for Leisure Noise as "indication" for the assessment of noise immissions (Federal Administrative Court of Germany (BVerwG), verdict from 24 January 1991, Decisions by the BVerwG 88, 143, 148 = NuR 92, 271), as "anticipated expert opinion" (Federal Court of Justice of Germany (BGH), verdict from 23 March 1990, BGHZ 111, 63 = NJW 90, 2465, 2466) and as "decision aid" (Higher Administrative Court (OVG) Bremen, decision from 14 November 1995, GewA 96, 390, 391) (for the legal relevance of the Guideline for Leisure Noise, see also BVerwG, decision from 17 July 2003, NJW 03, 3360, and BGH, verdict from 26 September 2003, NJW 03, 3699).