🌱 Important decision on climate protection in planning law! 🌱

On 7 May 2024, the Lüneburg Higher Administrative Court strengthened the consideration of climate protection issues in planning approval procedures by means of a ruling (case reference: 7 MS 83/23). A recognised nature conservation association had brought an action against the planning approval decision for the construction of a landfill site. The court found that the climate protection targets in accordance with the Federal Climate Protection Act (KSG) were not sufficiently taken into account in the planning approval procedure. 🚫 🔍 Key points of the decision: ◾ Weighing up errors: climate protection targets must be included in the decision-making process. ◾ Investigation effort: CO2-relevant effects of the project must be determined. ◾ Actionability: Nature conservation organisations can have the proper inclusion of climate protection concerns reviewed in court. The court has restored the suspensive effect of the action, which shows how important it is to take climate protection goals into account in planning decisions. 🌍💼