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Warsaw. In three blocks of flats on the S8 route it is too noisy. Residents can apply for compensation

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Residents of three blocks of flats on the S8 route can apply for compensation – this is what the councilors of the Masovian Voivodeship Assembly decided. The money can be used, among other things, to replace windows that will protect them against noise. Meanwhile, road engineers claim that the matter is not obvious. – The law does not specify procedures related to the consideration and payment of compensation. A legal analysis is underway regarding possible paths of action, says Małgorzata Tarnowska, spokeswoman for the General Directorate for National Roads and Motorways.

This concerns the area of ​​Klaudyna and Gwiaździsta streets. When the S8 route was being built, it was decided that the residents of nearby apartment blocks would be protected from noise by a tunnel. Years later, however, it turned out that this solution was not enough.

– According to residents, the tunnel ends too early. I heard from them that the noise “flows out of the tunnel and returns to their apartments.” The effect is that they are unable to sleep with the windows open, and this year we had an exceptionally hot summer – describes Tomasz Zieliński, a tvnwarszawa.pl reporter who was on site.

Now there is a chance that residents will be able to sleep soundly during the next holidays. The matter was taken up by the voivodeship assembly and specific solutions were developed, which are now being analyzed by representatives of the General Directorate for National Roads and Motorways.

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“Significant exceedance of noise standards”

In mid-September, the Environmental Protection Committee issued a positive opinion on the draft resolution of the regional council on the creation of a limited use area for the S8 expressway in the area of ​​Klaudyna and Gwiaździsta streets. Previously, a post-implementation analysis was carried out here (documentation prepared after the completion of an investment that may have a significant impact on the environment).

Results? According to experts, the technical solutions introduced on the section of S8 from the Powązkowska junction to the Marki junction are not able to effectively protect the residents of three blocks of flats against noise. According to the Marshal’s Office, significant exceedances of standards concern three addresses: Klaudyna 4 and 6 and Gwiaździsta 15A.

“In such a situation, when the exceedances of noise standards cannot be eliminated in a technically available way, the only way is to designate a limited use area in this place” – informs the marshal’s office.

What does it mean? “In this case, this area which will apply to three tall buildings only from the upper floors specifically specified in the resolution. In these existing residential buildings, protection should be applied to ensure an appropriate acoustic climate in the rooms and appropriate insulation of building partitions in accordance with the Construction Law Act and regulations implementing regulations to this Act,” the Marshal’s Office specifies in a press release.

Residents can apply for compensation

Moreover, according to the resolution, from now on, hospitals, social welfare homes and buildings related to the permanent or temporary stay of children and young people cannot be built in the designated area.

“Thanks to this resolution of the regional council, residents of three properties who experience acoustic inconvenience related to traffic on this S8 route will be able to apply for compensation to cover the costs of ensuring acoustic insulation for the purpose of living comfort. This includes, among others, replacing woodwork window in such a way that they can avoid the negative impact of noise,” we read in the information from the Marshal’s Office.

What is the procedure like?

The procedure is as follows: residents of properties covered by the restricted use area may individually submit applications to the General Directorate for National Roads and Motorways. They have two years to do so from the date of adoption of the local council’s resolution on this matter.

Małgorzata Tarnowska, spokeswoman for the Warsaw branch of the General Directorate for National Roads and Motorways, tells us that in fact applications can already be submitted, but the matter is not so obvious.

– If a limited use area is created in a given area, the law does not specify procedures related to the consideration and payment of compensation resulting from submitted claims. A legal analysis is currently underway regarding possible paths of action, she replied.

Cases will be considered individually

We also asked the spokeswoman what amounts she was talking about. Has it been stated what maximum amounts residents will be able to apply for? What should this money be used for?

– The General Directorate for National Roads and Motorways is not competent to determine the amount of compensation or the scope of works that should be performed in order to meet the requirements contained in the resolution. It is expected that claims will be considered individually, she noted.

We heard from the residents that they intend to present their demands to the road workers. – We have noted an inquiry regarding how to protect against noise, to which we will provide an answer – said Tarnowska.

Main photo source: Tomasz Zieliński, tvnwarszawa.pl



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