The TSJC concludes that a City Council is competent to occasionally exempt the acoustic limitations provided in the Acoustic Capacity Map of the town, on the occasion of festivals and cultural events with a certain attachment.

The High Court of Justice of Catalonia, within the framework of a procedure in which certain residents had denounced the Town Hall because the noise immission levels allowed by the Acoustic Capacity Map had been exceeded on their property on the occasion of the town’s main festival, concluded that a Town Hall – in this case in La Galera (Tarragona) – was competent to occasionally exempt from its Police and Good Governance Ordinance the noise restrictions provided in the Acoustic Capacity Map, on the occasion of festivals and cultural events, always and when they have a certain attachment.

On the one hand, because it is up to the Plenary of the City Council to approve the ordinances of the town (article 22.2.d  Law 7/1985). And, on the other hand, because La Galera’s Acoustic Capacity Map provides for this, under the protection of Law 16/2002, on protection against noise pollution.

However, the High Court of Justice of Catalonia affirms that it is not possible to do that in any way, but rather to assess it on a case-by-case basis, examining the circumstances of the event and trying to cause the least damage to the neighbours, which implies an assessment of the acoustic impact, the possibilities of limitation and the duration of the event.