ANDl Seville City Council has assumed a ruling considered pioneering, which sanctioned its “passivity” in the face of “unbearable” noise coming from three paddle tennis courts operated for commercial purposes by an educational center in the capital. The case represents a neighborhood triumph in terms of noise pollutionsupported by two resolutions issued by a Contentious-Administrative Court of Seville in December of last year and, subsequently, by the Contentious-Administrative Chamber of the TSJA.
The Urban Planning Management has chosen to comply with the judicial resolution, of special relevance in the field of protection against noise, which orders the Immediate closure of the three sports facilities. The ruling holds the City Council responsible for its “inactivity” in the face of a situation of persistent and serious noise pollution, also obliging it to compensate the injured family with 9,000 euros for the damage caused.
The first judicial resolution upheld the claims of a Sevillian family that had been denouncing noise levels incompatible with rest for years, and concluded that this situation violated fundamental rights such as physical and moral integrity and the inviolability of the home, even having an impact on their health. The educational center responsible for the tracks appealed the decision to the TSJA, which has fully confirmed the ruling of the Contentious Court and has imposed on the school the payment of the procedural costs, with a limit of 800 euros.
The ruling highlights that The tracks were not only intended for school use, but were rented to the general public for profit through digital platforms, lacking the corresponding license and being located less than five meters from the affected home, built before said facilities.. This commercial nature was decisive for the court, which understood that the activity was incompatible with a consolidated residential area.
Acoustic levels much higher than those allowed
The judicially ratified acoustic measurements showed a notable excess over the legal limits, both outside and inside the home located in a well-known Sevillian neighborhood whose location this newspaper omits, at the express request of the affected family, who wishes to preserve their anonymity. In the bedrooms, levels of up to 10 decibels above what was authorized were detected, a situation that Andalusian regulations consider to be a serious health risk.
The judicial resolution is especially severe regarding the actions of the Seville City Council, which it accuses of having failed to comply with its obligation to protect, limiting itself to carrying out administrative procedures without adopting effective precautionary measures to stop the noise, despite being aware of the seriousness of the problem.
“Consequently, it must be concluded that it is proven that the activity referred to generates a significant decrease in the health and personal or family privacy of the actors, It is also justified that it is attributable to the tolerance of the City Council, to the extent that it has not carried out the activity that is required of it, abandoning its position as guarantor of the rights of these neighbors,” stated the ruling of the Contentious-Administrative Court.
