"Perspectives 2011" - Sustainability and Annual Report (pdf)

Workforce and work environmentEnvironmental and climate protectionFinancial reviewSustainable developmentconcerning entitlement to reimbursement and com -pensation as well as incidental provisions in thezoning approval, the construction of the runway can,according to the zoning authority, be reconciled withthe need to protect the general public and neighborsfrom aviation noise.Statutory entitlementsAccording to a Supreme Court ruling, owners of residentialproperty subject to an equivalent ) continuoussound level (LAeq) from air traffic of 70 dB(A)during the day or 60 dB(A) at night are entitled to reimbursementof costs on grounds of “constitutionalreasonableness.”In its zoning approval, the regional government ofUpper Bavaria widened this entitlement significantly,stating that it applied to around 100 land owners. Noiselevels on their property do not actually reach 70 dB(A)during the day or 60 dB(A) at night, but the land inquestion is located within a band 210 meters to thenorth or south and 2,000 meters east or west of theextended axis of the runway. The Upper Bavarian re -gional government has therefore done significantlymore than is required by law to ensure the protectionof the residents of Attaching. It justifies its decisionby pointing out that the residents would be subjectto multiple impacts because of their proximity to thecurrent north runway. This means that land ownersare subjected to daytime noise levels of 67 dB(A) ormore, as well as visible and perceptible overflightsand air turbulence caused by arriving and departingaircraft.Passive noise control and compensationfor noise in outdoor living areasThe provisions of the Air Traffic Noise Act and ancillaryregulations govern reimbursement of expenses fornoise protection in buildings and compensation forimpairments to outdoor living areas.Under Section 4, Paragraph 3, Item 3 of the Air TrafficNoise Act, a noise control zone must be defined bystatutory order as soon as zoning approval is grantedfor the construction of the third runway. The noise con -trol zone serves as a basis for settling claims for reimbursementof expenses incurred by fitting soundinsulation to buildings and for compensation for im -pairments to outdoor living areas: In the daytime noisecontrol zone 1 (LAeq = 60 dB(A) during the day) soundinsulation and compensation are granted; in the nighttimenoise control zone (LAeq = 50 dB(A) at night, orLAmax = 6 x 68 dB(A)), affected homes qualify forsound insulation, including additional ventilation. Insome instances, properties are located in daytimenoise control zone 1 and in the nighttime noise con -trol zone. In addition, the majority of properties affectedare located within the existing combined daytimeand nighttime noise protection zone (in the amendedversion approved on March 23, 2001). Property in thisarea already qualified for and received sound insulationunder the original zoning approval for Munich Air port.This means that around 80 percent of the buildingsin the combined daytime and nighttime protectionzones have already been fitted with sound insulation.For the most part, buildings which have not been fittedwith sound insulation as yet and will now qualify arelocated in Attaching, Berglern, Mitterlern and Manhartsdorf.Sound insulation in buildings andcompensation for noise in outdoor livingareasProperties qualify for sound insulation when the noisecontrol zones (defined by daytime noise contour 1 andthe nighttime noise contour) are established by anadministrative order of the Bavarian Ministry for Eco -nomic Affairs, Transport and Technology. Under currentlegislation, claims for compensation for noise inoutdoor living areas can be filed once the runway goesinto operation. However, the federal government mustfirst issue an implementation order as required underSection 9, Paragraph 6 of Air Traffic Noise Act, determiningthe nature and scope of the compensation.) Glossary39