"Noise like in a quarry" Dispute between residents and construction company in the canton of Aargau
The noise is unacceptable, say the neighbors. Everything complies with zoning regulations, counters the construction company. In the canton of Aargau, a long-standing dispute over a landfill site is escalating - and could become a fundamental legal issue for industrial zones.
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- Residents of Leuggern AG have been complaining for years about massive construction noise and dust from the Stocker Tiefbau company.
- The local council banned noisy work such as stone crushing; the company is defending itself with a complaint to the cantonal government.
- Stocker Tiefbau has already had to accept restrictions in previous cases - now the cantonal government could make a landmark ruling on noise and usage limits in industrial zones.
Noise from excavators, clouds of dust and stone crushers in the middle of an idyllic setting: a bitter dispute between residents and the construction company Stocker Tiefbau has been raging in the municipality of Leuggern AG for over 15 years. The bone of contention: a landfill site where, according to residents, it is no longer just gravel and humus that is being stored - it is actually being worked on like a quarry. This was reported by the "Aargauer Zeitung" newspaper.
What was originally approved as a simple storage area has turned into a noisy industrial zone in the eyes of the neighbors. The case is now before the legal service of the Aargau cantonal council - and nerves are on edge.
Noise, dust, excavators - what is allowed?
It all started harmlessly: in 2010, use as a storage area for humus was approved, and in 2013 it was extended to gravel and humus. But then stone crushers and special excavators came into play. Local residents speak of untenable conditions: Noise, dust, vibrations - directly opposite their balconies.
The Stocker company defends itself. This is permissible - after all, it is an industrial zone. But the Leuggern municipal council takes a different view and bans the noisy work such as humus sieving and stone crushing in 2024. Its reasoning: The intensity is not in conformity with the zone, the operation is more like a quarry - and that belongs in the industrial zone.
Complaint with sharp tones - "absurd" and "obtuse"
The Stocker company does not accept this and lodges an appeal with the cantonal government. Their lawyer calls the municipality's arguments a "series of false and absurd assertions". The use of the stone crusher is minimal - "a maximum of 3-5 weeks per year", according to the defense. They also argue that humus screening is quieter than dumping soil - with reference to special excavator shovels.
But the residents vehemently disagree. One resident calls the claim of "22 hours of screening per year" simply ridiculous. The excavator regularly works right next to his balcony - and it makes a lot of noise.
Comparison with the company's previous failures
This is not the first time that Stocker Tiefbau has been taken to court over noise issues - and lost. Back in 2018, the Federal Supreme Court ruled that the operating times of a waste wood shredder in Kleindöttingen could be restricted. And just a few weeks ago, the company was once again told off in a similar case in Gebenstorf: A stone crusher there now has to be enclosed for noise protection reasons.
In the Felsenau case, the ball is now in the government council's court - and thus possibly a fundamental decision on how to deal with noise and usage issues in industrial zones. Until then, what remains for some is the "noise of a quarry", for others the "battle for commercial rights" - and for everyone: uncertainty.