Court allows construction of small wind turbines - a victory for environmentalists!
Court allows construction of small wind turbines - a victory for environmentalists!
In the district of Altenkirchen, an important judgment was recently made that affects the construction of small wind energy systems in private outdoor use. The district had prohibited residents the construction of four wind turbines with a height of 6.50 meters, since they should serve for privately used energy supply and not to feed into the public network. However, the Rhineland-Palatinate Higher Administrative Court found that such a project, despite the selected use, is a privileged project within the meaning of Section 35 (1) No. 5 of the Building Code (BauGB). This was shown by The court rejected the district's appeal and explained that the construction of the small wind energy systems is legally permissible regardless of the type of energy use. This decision on the privilege of private small wind turbines in particular emphasizes the plaintiffs' environmental and resource-saving intentions. Another argument of the court was the clear rejection of the district's fear that the approval could lead to a wild growth of small wind turbines.
legal framework conditions
In the legal consideration, there is also the fact that small wind turbines in Germany are considered to be structural systems in accordance with the state building regulations (LBO). In principle, each structural system needs a building permit, with the exception of special regulations for small wind turbines that can vary depending on the federal state. According to information from Federal Association of Small Winding facilities , small wind turbines are generally easier to approve than large systems.
The approval procedures can be divided into three categories: procedural, free of approval and subject to building permit. In the case of procedures for small wind turbines, it is often possible to obtain approval about a simplified procedure. Before the start of construction, it is advisable to consult the responsible building authority and a specialist lawyer in order to clarify all legal aspects, especially in terms of nature and species protection.
In another case in the district of Trier-Saarburg, a couple tries to build a 24-meter high wind system on their property. Here, too, there were legal disputes because the municipality refused to consent. The administrative court had initially confirmed the decision of the municipality, which was based on a distance to the next residential development. But the Rhineland-Palatinate Higher Administrative Court raised this judgment and called for a new examination, since defects were found in the land use plan, such as Bleiben Sie informiert: Jeden Abend senden wir Ihnen die Artikel des Tages aus der Kategorie Altenkirchen – übersichtlich als Liste. The questions raised about the construction and operation of small wind turbines show how important it is to create understandable legal framework in order to give the energy transition the necessary space. The judgment of the Higher Administrative Court represents a step in this direction and could promote the development of privately used wind turbines in Germany.
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