Association takes legal action against wind turbines near monuments
A Bavarian law amendment that facilitates the construction of wind turbines near monuments must be reviewed by the Bavarian Constitutional Court. The Association for Landscape Conservation, Species Protection & Biodiversity has filed a complaint against the new regulation, which came into force in July. At the same time, an application has been made to provisionally suspend the amendments to the Bavarian Monument Protection Act and other legislation. "This should prevent authorities and planning associations from unilaterally creating facts to the detriment of monument and cultural landscape protection," the association announced on Wednesday. The court confirmed the receipt of a complaint regarding the complex.
Wind turbines in the direct vicinity of monuments have no longer been taboo in Bavaria since July. The construction of wind turbines is now only subject to approval in the case of "particularly landscape-defining" monuments - including Neuschwanstein Castle and the Liberation Hall in Kelheim. The list of buildings particularly worthy of protection includes around 100 castles, churches and monuments.
Until the law was amended, around 1600 monuments in Bavaria were considered to be "landscape-defining", the plaintiffs stated. In addition, in individual cases, monuments that do not characterize the landscape were also protected from "significant visual impairment". However, wind turbines may now be erected in the vicinity of some important cultural monuments since the amendment to the law.
According to the plaintiffs, in addition to other legal violations, they are complaining of a violation of the fundamental right to property. Due to the change in the law, most monument owners have been deprived of the opportunity to defend themselves against the impairment of their monument by wind turbines - "also to the detriment of the cultural landscapes in Bavaria, which are characterized by a great variety of monuments".
In contrast, Minister of Art Markus Blume (CSU) emphasized after the state parliament's decision: "Monument protection is climate protection. With the new law, we are opening up monument conservation to the use of renewable energies and opening up new perspectives for our monuments." At the time, Blume argued that facilitating the use of renewable energy in listed buildings was "technically acceptable and responsible".
The association's complaint raises concerns about the potential impact of wind turbines on the environment, as they may impact the visual appearance of "landscape-defining" monuments. This situation might lead to a violation of the fundamental right to property, as monument owners may not have the opportunity to prevent wind turbines from impairing their properties. Furthermore, the amendment to the law could also negatively affect energy justice, as it may prioritize climate goals over the protection of cultural heritage.
Source: www.dpa.com
