the wind priority areas in the districts of Nordfriesland, Schleswig Flensburg and the independent city of Flensburg. The Regional Plan I suffers from a lack of consideration. The state should also have taken into account areas for which the district of Nordfriesland had designated landscape protection areas, but which were declared invalid by the OVG Schleswig. This error affects the entire planning concept. The plan as a whole has therefore been declared invalid.
Actions are also pending for planning areas II and III, which are expected to be decided during the second quarter of 2023. It remains to be seen whether the OVG Schleswig will find similar deficiencies in Regional Plans II and III that were present in Regional Plan I.
For the affected residents and most wind turbine operators, the ruling is disappointing due to its consequences. The planning security created by regional planning for the operators of wind power plants and the certainty for residents that no wind power plants will be erected in the exclusion zones will be lost. Without further legal measures, the construction of wind turbines would thus be possible everywhere in outdoor areas without any planning control.
If you have any further questions about the consequences of the OVG Schleswig ruling, please do not hesitate to contact us!