Wind energy vs. monument protection – David vs. Goliath?
Recent judgements by the OVG Bautzen and the OVG Koblenz make it clear that the expansion of wind energy and monument protection (in this case even as a UNESCO World Heritage Site) can be compatible. The most important lessons learnt from the decisions: 👉 Monument protection and climate protection: both aspects must be in harmony. The courts emphasise that monument protection does not automatically take precedence over climate protection and the expansion of renewable energies. 👉 Visibility is crucial: Wind turbines that are barely perceptible from a greater distance do not constitute a significant impairment of cultural heritage. Visibility alone does not justify rejection. 👉 Flexibility in the event of deviations: Small deviations, such as in the height of wind turbines, are not considered critical by the courts and can be corrected. 👉 Case-by-case assessment instead of a blanket ban: The courts emphasise that a blanket rejection is not permitted. UNESCO provisions require an individual assessment of whether a significant impairment actually exists. A balanced assessment is therefore possible without neglecting monument protection. The judgements create more 𝐏𝐥𝐚𝐧𝐮𝐧𝐠𝐬𝐬𝐢𝐜𝐡𝐞𝐫𝐡𝐞𝐢𝐭 for future wind power projects and ensure that monument protection and renewable energies are in the right balance.