Admissibility of revision on whether AVV-Baulärm intervention values define the noise tolerance threshold for retail spaces under § 74 Abs. 2 Satz 2 VwVfG and § 22 Abs. 1 Satz 1 BImSchG

The Federal Administrative Court (BVerwG 7th Senate) dismissed the plaintiff's complaint and granted the defendant's leave to appeal, finding the appeal admissible due to the fundamental legal significance of the case. This decision concerns a plan approval proceeding where the dispute centers on the admissibility of a construction project and specifically the protection against construction noise. The court ordered that the pending revision proceedings be used to clarify whether and under what conditions the intervention values set by the Construction Noise Ordinance (AVV-Baulärm) are suitable to determine the threshold of tolerability for external noise affecting the contact area of retail spaces. The decisive legal basis for this admissibility determination is § 132 Abs. 2 Nr. 1 VwGO, in conjunction with the substantive issues arising from § 74 Abs. 2 Satz 2 VwVfG and § 22 Abs. 1 Satz 1 BImSchG regarding the compatibility of the plan with noise protection standards.