BVerwG Upholds Wind Energy Concentration Zone Restrictions

In a ruling on 20 May 2010, the Federal Administrative Court (Bundesverwaltungsgericht – BVerwG) upheld restrictions established by a wind energy concetrations zone in a land development plan (Flächennutzungsplan) of the town of Karben in Hesse.

The land development plan restricted wind turbines to a certain area of Karben.  Capacity in this aras was  exhausted.

The BVerwG held that denying building permits in other undeveloped outskirt areas (Außenbereich) was justified. According to BVerwG, the town of Karben acted in accordance with the relevant building laws by giving aspects such as the protection of green spaces, forests and the avifauna priority over wind energy.

The action against the town of Karben had been brought by the Germany wind turbine producer Enercon GmbH, Aurich. The company intended to erect 5 wind turbines with a height of 133m in Karben.

The full text of the decision has not yet been released by the court.

Source: Press Release BVerwG (ref. no. BVerwG 4 C 7.09)

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