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Battle for wind turbines: Courts decide in favor of private energy systems!
The Higher Administrative Court of Rhineland-Palatinate decided that private small wind turbines could be built despite the lack of grid feed-in.
Battle for wind turbines: Courts decide in favor of private energy systems!
The discussion about the construction of small wind turbines outdoors is becoming increasingly important, especially in Rhineland-Palatinate. This fell on April 4, 2024 Rhineland-Palatinate Higher Administrative Court a highly anticipated verdict on this issue. The case revolves around a lawsuit brought by residents from the Altenkirchen district who wanted to build four small wind turbines with a height of 6.50 meters on their property.
The district rejected the residents' application because the small wind turbines did not serve the public energy supply. However, the court rejected this argument and made it clear that the construction of the facilities was a privileged project under construction law in accordance with Section 35 Paragraph 1 No. 5 of the Building Code (BauGB). This also applies if the electricity produced is not fed into the public grid but is used for your own consumption, as is the case Press release from the Higher Administrative Court explained.
Environmentally friendly progress or concerns?
The decision is intended to promote the environmentally friendly and resource-saving use of renewable energies, as the court made clear in its ruling. The district's concerns about the possible "wild growth" of small wind turbines were rejected. The court found that there is no unwritten requirement for public energy supply and that no public interests conflict with the approval of the wind turbines.
The ruling has caused quite a stir in the Altenkirchen district and is seen as pointing the way for future projects. Readers might ask themselves: What impact does this have on similar projects in the region? While the decision is being celebrated in Altenkirchen, another wind turbine dispute in the Trier-Saarburg district remains unresolved.
Another case in the Trier-Saarburg district
A different wind is blowing here: A couple had submitted an application for a 24 meter high small wind turbine, but it was rejected due to distance regulations from residential development. The Trier Administrative Court initially agreed with the municipality, but the Higher Administrative Court ordered the case to be re-examined because errors were found in the land use plan. The husband of the applicant couple said that all the necessary documents were submitted on time and they are now waiting for a decision. The wind turbine was actually supposed to be generating electricity since 2019.
The course of events in these two cases shows how different the legal framework for renewable energies can be in the different districts. While the court in Altenkirchen opened the path for small-scale wind energy at least one step further, the dispute in the Trier-Saarburg district remains tense.
The current developments surrounding small wind turbines make it clear that the topic of renewable energy generation is not a flash in the pan, but continues to be the focus of political and social discussion. The court ruling could also be seen as a positive signal in terms of the energy transition, with the hope that more people will find a good hand for sustainable energy projects.