Farmer complains against the residential area: dispute over smells and noise sparked

Farmer complains against the residential area: dispute over smells and noise sparked

In the small community of Eschede, an upcoming legal dispute causes excitement. A farmer has filed a lawsuit against a planned residential area that is to be created in the immediate vicinity of his arable land. A negotiation at the Lüneburg Higher Administrative Court took place last Monday. The farmer fears that the newly moving residents could have problems with noise and smells that result from agriculture. The construction area extends over about six hectares and is currently in public hands. So far it has been used for agriculture, but now there is a creeping changeover.

The main concern of the farmer is the potential disorder due to the nearby agricultural activities. He sees the danger that future residents could be dissatisfied with the fields due to whirled dust, loud irrigation pumps and not least because of the smells. The suspicion that insufficient groundwater is available for irrigation of arable land and private gardens also gives him thinking. These interests are not unfounded, because conflicts between farmers and residents often occur in rural areas-noise, smells and other immissions reports Land and reports Land and Forst .

The tensions in rural space

Similar conflicts are increasingly being observed nationwide, in particular through the decline in active agricultural businesses. Many farmers have increased their production capacities, and the increasing number of animals leads to increased odor nuisance. An example illustrates the dilemma: When approval of a new piglet breeding facility in a small community, the odor pollution for a nearby photo studio was examined in concrete terms. Despite the high odor burden, the Federal Administrative Court decided that the approval could be granted as long as no harmful environmental impacts can be proven represents ecovis dar .

“City refugees moving in are often in conflict with local farmers, and odor nuisance is a common topic here,” says the authors of farmers' newspaper, who indicate the increasing area of ​​tension. Despite clear laws that farmers give privileges in the approval and operation of animal systems, the considerations of odor emissions in favor of agriculture are not always easy for affected residents. Again and again, residents in rural areas have to experience that the reasonability limit regarding smell and noise is not interpreted for their advantage underlines Bauernzeitung .

The legal gray area

The legal foundations for the approval of agricultural companies are complex. While many regulations are based on the building code, immissions often remain behind. The decision as to whether a smell problem is considered "significantly" remains vague and is often reserved for individual decisions. Pre-loading must flow into the assessment, and the question of whether a new company deteriorates the existing air quality is always a central aspect So farmenzeitung on .

The situation in Eschede could therefore set signs. Such a lawsuit could not only be important for the plaintiff, but also for other farmers and in the long run for legal practice in the entire state. It remains to be seen how the court will decide and what effects this will have on the coexistence of agriculture and residential development.