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Sports facilities exempt from noise regulations. Residents and MP intervene.

Sports facilities exempt from noise regulations. Residents and MP intervene.
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  • The provisions of the Ministry of Culture and National Heritage's draft bill on this issue were recently criticized by the Commissioner for Human Rights, Marcin Wiącek. "Promoting sports activities cannot come at the expense of citizens' rights to protection from noise," he emphasizes.
  • In the context of similar changes being developed by the Ministry of Sport and Tourism, PiS MP Bartłomiej Wróblewski submitted an interpellation to this ministry, demanding an answer to its position on the Commissioner for Human Rights, whether it has the appropriate analyses and is aware of the recommendations of specialists.
  • "In response to the actions of politicians and officials aimed at preventing those injured by the proximity of sports facilities from defending their health and lives in court, a Facebook profile called "Przy Orliku" was created," notes one of the residents.

A week and a half ago, we reported that the Commissioner for Human Rights had criticized the draft regulation of the Ministry of Climate and Environment regarding the exemption of sports facilities from noise standards, which would prevent people living in their vicinity from fighting for their health in court.

Human Rights Ombudsman: the development of physical culture cannot be an end in itself

Marcin Wiącek points out the unconstitutionality of such a solution, as well as the unjustified haste in introducing changes and the lack of broad public consultations.

" Promoting sports activity cannot come at the expense of citizens' rights to protection from noise. The development of physical culture cannot be an end in itself – it serves the overarching value of preventive health care," the Commissioner for Human Rights points out.

The Commissioner for Human Rights points out, among other things, the unconstitutionality of such a solution, as well as the unjustified haste in introducing changes and the lack of broad public consultations (Photo: Office of the Commissioner for Human Rights Facebook)
The Commissioner for Human Rights points out, among other things, the unconstitutionality of such a solution, as well as the unjustified haste in introducing changes and the lack of broad public consultations (Photo: Office of the Commissioner for Human Rights Facebook)

He emphasizes that public authorities cannot tolerate, for example, the emission of pollutants into the environment as an inevitable consequence of practicing sports. Excessive noise – under environmental protection law – is a type of pollution.

Concern among residents of Poznań's Ratajów district. A parliamentary question has been tabled.

The Ministry of Sport and Tourism is also working in a similar direction as it prepares amendments to the Sports Act. Consequently, at the request of a group of individuals affected by the proximity of the pitch in Poznań's Rataje district, Law and Justice (PiS) MP Bartłomiej Wróblewski recently submitted an interpellation to the ministry . He inquires, among other things, about the Ministry of Sport's stance on the Commissioner for Human Rights (OMR) and the comments and materials submitted during the shortened public consultations regarding the draft regulation of the Ministry of Culture and Environment.

"Does the Ministry of Sport and Tourism have any studies or analyses on the levels and types of noise emitted by sports facilities? Has it compared these with expert knowledge on the harmful effects of noise depending on its intensity and nature, as well as with specialist recommendations regarding the appropriate acoustic conditions for homes and the types of activities conducted there, including for rest, study, and work?" the MP inquires.

Bartłomiej Wróblewski is demanding detailed information. He is surprised by the lack of extensive consultations.

He also requests information on whether the ministry has conducted an analysis of other options for solving or at least mitigating the problem of excessive noise coming from sports facilities into homes and apartments.

Bartłomiej Wróblewski is demanding, among other things, information whether the ministry has conducted an analysis of other options for solving or at least mitigating the problem of excessive noise coming from sports facilities to homes and apartments (Photo: Bartłomiej Wróblewski Facebook)
Bartłomiej Wróblewski is demanding, among other things, information whether the ministry has conducted an analysis of other options for solving or at least mitigating the problem of excessive noise coming from sports facilities to homes and apartments (Photo: Bartłomiej Wróblewski Facebook)

According to him, this could be achieved, for example, by limiting the days and hours of operation of facilities or changing the rules specifying the minimum distances from built-up areas in which sports facilities can be built, so that these distances take into account the purpose of the facility (e.g. organizing sports events, tournaments, league matches) and the expected intensity of use (e.g. used occasionally or rather used all year round for several hours a day).

It is surprising that although the problem concerns such important issues, the Ministry of Sport and Tourism did not precede its work with extensive consultations with specialists and all interested parties.

“Considering that information about court rulings concerning the problem of excessive noise from sports facilities appeared in the media as early as 2015 or earlier, it seems that there is no need to carry out the recently started works in an express mode and therefore in a manner that is unreliable and disrespectful towards people complaining about the nuisance caused by the proximity of sports facilities,” concludes Bartłomiej Wróblewski.

People living near sports facilities have set up a special profile

The Local Government Portal was also contacted by one of the residents who asked the MP for help in this matter.

"In response to actions by politicians and officials aimed at preventing those harmed by the proximity of sports facilities from defending their health and lives in court, a Facebook profile called "Przy Orliku" was created," he reports. "This profile is run by private individuals, and its main purpose is to present materials illustrating the nuisance of proximity to sports facilities. Over time, this profile may evolve into a full-fledged website."

It includes videos showing that the victims of noise from sports facilities are not only adults, but also children and adolescents.

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