Since 2022, the expansion of renewable energies according to § 2 EEG in the “overriding public interest”. A decision by the OVG Greifswald (OVG Greifswald, judgment of February 23, 2023 – 5 K 171/22).

Here, a project developer had applied for a permit for a wind turbine. However, the authority had not complied with this within the period set by Section 10 (6a) of the BImSchG. The monument protection authority had issued a contrary opinion.

The court found that this was not a sufficient reason. On the one hand, the approval authority is not bound by the opinion of the monument protection authority, but must examine it itself. On the other hand, approval would have to be granted even if the appearance of the monuments were to deteriorate significantly. The interest in the expansion of renewables is regularly overweight, which can only be overcome in exceptional cases. The court did not even see any room for examining alternatives, since it depends on every suitable location for wind energy (Miriam Vollmer).