The Content Of The Article:
There are public and private law bases for mobile radio systems. The decisive factor is always the question of whether the permissible limit values are adhered to. These limit values are specified in the 26th Federal Immission Control Ordinance. The Federal Immission Control Act (BImSchG) applies under public law to the electrical and magnetic waves generated during transmission. According to § 22 Abs. 1 BImSchG, harmful environmental effects that can be avoided according to the state of the art should in principle also be prevented.
If the prescribed limits are met, the public sector, in particular the municipality, can not intervene legally against the mobile radio system. Civil law can refer to the paragraphs 1004 and 906 of the Civil Code (BGB). However, the chance of a successful legal action against the project is also small if the statutory benchmarks are respected. § 906 Abs. 1 S. 2 BGB then speaks of an "insignificant impairment by immissions", which is to be tolerated.
Examination of alternative locations
When approving a transmission tower next to a residential building, an existing alternative location must be included in the balancing. Since this had been omitted, the Higher Administrative Court of Rhineland-Palatinate in an up-to-date decision on individual cases (file 8 C 11052/10) declared the license unlawful. Because basically the effects of the radio mast are to be kept as low as possible by the choice of the location. If it is to be set up in the immediate vicinity of a residential building, this can in principle have a visually depressing effect on the neighboring property. In particular, the applicants claimed that the mast could also be installed on a remote site.