New wind turbines could be built in Bavaria only by a large margin to settlements. This was decided by the Bavarian Constitutional Court. The Federal Environment Agency already warning of an off the energy transition. In Bavaria wind turbines can continue to be only two kilometers away from settlements. With this decision, the Bavarian Constitutional Court rejected several lawsuits including the opposition.
In February 2014, the CSU had succeeded in ensuring that the distance of a wind turbine to the nearest settlement should be at least ten times (“10H”) the height of the wind turbine. In modern 200-meter wind turbines this limit is quickly reached. However, municipalities may decide one exception to the rule.
The judges argued: The lower new wind turbines are that more can still be built – even if they are not so profitable. However, it is not necessary to look to the best possible use of the technical possibilities, the court ruled. It alone depends on whether a reasonable scope for wind power remains and you must not forget about the wind turbines with a height below 200m.
Decision already in Hessen
As early as last September, the minimum distance of wind turbines has been clarified to settlements in the highest court in Hessen. New wind turbines could be built in the State only if they are at least 1000 meters from the nearest settlement. The Hessian Administrative Court rejected an action brought by a company that wanted to impose a shorter distance as laid down in the 2013 National Development Plan. A revision is not allowed to the court.
In the case of Bavaria, the Federal Environment Agency had warned the other provinces do likewise: The potential of wind power development in Germany would “almost zero” sink with a minimum distance of 2000 meters for residential buildings, the Authority has calculated. The energy transition would probably be at an end.
Translation: German to English – Click here to read the original article in German