Justice chancellor criticizes blanket ban on building near roads, railways
Chancellor of Justice Ülle Madise says completely banning new buildings near roads and railways to protect the public from noise pollution goes too far.
A review by the justice chancellor was requested after concerns over how the Health Board handles detailed spatial plans, particularly in cases where noise reaching a property exceeds legal limits.
In several instances, the Health Board has refused to approve development plans due to excessive noise, typically from traffic, without requiring local governments to reduce the noise itself.
Instead, the authority has restricted new construction in affected areas, arguing it protects public health by preventing more people from moving into high-noise environments.
Madise noted that the Planning Act requires setting conditions that allow projects to proceed while still ensuring adequate noise protection.
"Detailed plans should primarily set requirements to reduce noise where feasible to implement and requirements that ensure sufficient noise protection for residents," she said.
She added that building design can help mitigate exposure, including facade and layout solutions, such as placing quieter rooms away from sources of noise.
"Completely banning new buildings near roads and railways does not adhere to best administrative practices or property rights principles, which require flexibility based on actual goals and avoiding unnecessary bureaucracy," Madise said.
She has given the Health Board until June 1 to respond and explain whether and how it plans to change its approach to approving development plans.
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Editor: Aili Vahtla
