Battle for wind turbines: Courts decide in favor of private energy systems!

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. On April 4, 2024, this fell Higher Administrative Court of Rhineland-Palatinate 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 had 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 establishment of the systems is a project privileged under building law in accordance with Section 35 (1) No. 5 of the Building Code (BauGB). This also applies if the electricity produced is not fed into the public network, but is used for your own consumption, such as the 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 district of Trier-Saarburg

Another wind blows here: a couple had submitted an application for a 24 -meter -high small wind system, which was, however, rejected due to distance regulations for residential development. First, the Trier Administrative Court agreed, but the Higher Administrative Court ordered a new examination of the case because errors were found in the land use plan. The applicant's husband expressed that all the necessary documents were submitted in good time and that they are now waiting for a decision. The wind turbine should actually generate 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 in small wind turbines illustrate that the topic of regenerative energy generation is not a mayfly, but is still the focus of the political and social discussion. The court ruling could also be seen as a positive signal in the sense of the energy transition, with the hope that more people will find a good knack for sustainable energy projects.