The government Presidium Darmstadt, Germany has been obliged by the fourth chamber of the administrative court of Wiesbaden under the chairmanship of President of the court, Günter Wiegand, to approve the request of the Taunus wind to approve the construction of ten wind turbines. The decision came after a four-hour guidance of three professional and two lay judges. The Land of Hessen has to bear the costs of the proceedings in full. The amount in dispute was set at ten percent of the production costs of the wind Park, estimated at 33 million euros.
Oliver Bock
correspondent of the Rhein-Main-Zeitung for the Rheingau-Taunus-Kreis and Wiesbaden.
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Taunus wind Wiegand, according to the judge a claim for the approval of the wind farm, because the turbines of the type Enercon E-115 to an exemption from the prohibitions in the water protection regulations is quite possible. The concern of the government Bureau, the ground water is “pure possibility”, of the “takes Damage” but unlikely, especially since a comprehensive Screening and prevention concept existed. The risk of human error on the construction site could be addressed through, inter alia, instruction and training of staff. The remaining risk is manageable.
court of appeal to
Also, the rejection for reasons of species and monument protection, the court was not convinced. For the peregrine Falcon, the protection of the Federal nature conservation act can be restricted from overriding interest. The visual impact of the monuments does not necessarily lead to the refusal of a permit for the wind Park. Particularly noteworthy is also the finding by the court that it is the part of the plan of Renewable energy of the regional plan for South Hesse is flawed, because he would give the wind power in southern Hesse have enough space. The aim of two percent of the area for wind turbines to be disclosed, had not been satisfied.
The court allows the appeal, expressly. You should have no success, there are high damages claims shall in the room, the Taunus, the wind could make a public liability claim. The representatives of the Taunus wind were before the court, that the delay in approval due to changed market and framework conditions expensive. In the case of an approval in 2016, the wind farm operators can expect a feed-in tariff of 8.2 cents per kilowatt-hour. Now, there are about two cents less. In the case of an annual electricity output of 85 million kilowatt-hours of a “compensation differential” of 1.7 million euros. Over the term of 20 years, a “damages for Delay” would be 34 million euros. Also it is therefore expected that the government Bureau in the appeal.
