// Energy law

โŒ๐Ÿ˜ฃNo privileged status for stand-alone battery storage systems

โ„น The privileged status that is dragged along allows a non-privileged project to be permitted in the outdoor area by way of exception if it is spatially and functionally connected to a privileged project - e.g. a PV or wind energy system. ๐Ÿ“– The privileged project pulls the non-privileged project behind it, so to speak. You could also say that the privileged project โ€˜piggybacksโ€™ on the non-privileged project. Similar to a ๐—ก๐—ฒ๐—ฏ๐—ฒ๐—ป๐—ฎ๐—ป๐—น๐—ฎ๐—ด๐—ฒ, the part being pulled along must be subordinate to the privileged main project and serve it. Therefore, only โ€˜๐—ฏ๐—ผ๐—ฑ๐—ฒ๐—ป๐—ฟ๐—ฒ๐—ฐ๐—ต๐˜๐—น๐—ถ๐—ฐ๐—ต๐—ฒ ๐—ก๐—ฒ๐—ฏ๐—ฒ๐—ป๐˜€๐—ฎ๐—ฐ๐—ต๐—ฒ๐—ปโ€™ can be pulled along - after all, who can piggyback on someone who is twice as heavy as themselves? ๐Ÿ›‘ For this reason, a stand-alone battery storage unit can never represent a privilege that is pulled along. ๐—ฆ๐˜๐—ฎ๐—ป๐—ฑ-๐—”๐—น๐—ผ๐—ป๐—ฒ-๐—ฆ๐—ฝ๐—ฒ๐—ถ๐—ฐ๐—ต๐—ฒ๐—ฟ ๐˜€๐—ถ๐—ป๐—ฑ ๐—ธ๐—ฒ๐—ถ๐—ป๐—ฒ โ€˜๐—ก๐—ฒ๐—ฏ๐—ฒ๐—ป๐˜€๐—ฎ๐—ฐ๐—ต๐—ฒ๐—ปโ€™. This can only be considered for smaller battery storage systems that support the main system. If the battery storage system is intended to utilise the energy provided by the PV or wind energy system for more effective electricity generation or feed-in, it can be assumed to have a subordinate and serving function. If the battery storage system has no significant effect on the quality of electricity generation or feed-in, privileged treatment is less likely to be considered. โš  Therefore, only a battery storage system that is so large or so small in terms of its storage capacity that the utilisation of the outdoor area - to โ€˜supportโ€™ the main project - still appears justified can be included. Stand-alone storage facilities are therefore excluded. These are privileged as a separate project in accordance with Section 35 Para. 1 No. 3 BauGB.

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