- OVG rejects the grievance lodged against Dortmund's airport.
Dortmund Airports are allowed to extend their operational hours as planned, even into the late nights, according to a ruling made by the Higher Administrative Court of North Rhine-Westphalia (OVG) in Münster on Friday. The second amendment approval for the expansion of take-off and landing times by the Münster district government is now considered legal. This decision dismisses a subsequent lawsuit from local residents, who had previously won a case in January 2022.
At that time, the OVG declared the approval as unlawful but gave the involved parties an opportunity to correct any procedural errors. The aviation authority and the district government have now successfully addressed these issues. Neighbors of the airport who have voiced concerns regarding noise protection for years weren't satisfied with the decision and may still contest it. The final verdict has yet to be issued, and the OVG has not granted an appeal, offering the option to appeal to the Federal Administrative Court instead.
In its justification, the OVG noted that relevant authorities have properly assessed, taking into account, and prioritizing the noise protection interests of the populace in the second amendment approval, as requested by the airport. The noise tolerance threshold, a constant noise level of 45 decibels, has been sufficiently justified and is deemed lawfully challenged in this approval. This level is below the legal threshold for nighttime continuous noise levels of 55 decibels, the court explained. Findings in noise medicine and noise impact research were not found to be relevant by the plaintiffs, who had cited data from the World Health Organization (WHO).
Presiding judge Dirk Lechtermann noted that this noise level is only applicable for the outdoor area, dropping to 30 decibels when the window is open. He acknowledged that living near an airport may not be pleasing but recognized the concerns of residents from Dortmund and Unna.
With this ruling, the airport is now authorized to conduct regular landings until 23:00, delayed landings up until 23:30, and delayed take-offs until 22:30 in extremely rare cases. The dispute has been ongoing for over ten years, with the Münster district government granting the first approval in 2014 at the airport's request.
Residents from both Dortmund and Unna may still express their dissatisfaction with the court's decision on the extended operating hours of Dortmund Airports. Judge Dirk Lechtermann acknowledged the concerns of these residents during the hearing.
