Münster (energate) – The Higher Administrative Court (OVG) Münster has made a probably groundbreaking emergency decision for wind power in North Rhine-Westphalia. Accordingly, a suspension regulation set out in the state planning law is unlawful. Since the most recent amendment in June, the corresponding Section 36 stipulates that the approval process for wind turbines may be suspended for one year if a regional plan is currently being developed.
The OVG Münster ruled that this violates the Federal Immission Control Act (BImSchG). The regulation is therefore obviously illegal. Because federal law always breaks state law. The assessment is likely to be of far-reaching importance. The urgent decision initially only affects a single wind turbine. However, a further 17 corresponding urgent proceedings are pending before the OVG, which concern a total of 50 wind turbines, mainly under the responsibility of the Arnsberg district government.
The industry and the opposition criticize the new state law
According to information from the North Rhine-Westphalia Renewable Energy Association (LEE NRW), the ruling could even have an impact on “well over 80 wind turbines”. He therefore expressly welcomed the decision and sees it as having nationwide significance. Licensing authorities should revoke all suspension orders as soon as possible. LEE NRW chairman Hans-Josef Vogel warned: “The financial damage and uncertainty that has already been caused by the previous suspension practice must not become even greater.”
Criticism also came from the opposition. André Stinka, energy policy spokesman for the SPD parliamentary group in the North Rhine-Westphalia state parliament, explained that the SPD had pointed out the contradiction to the BImSchG to the state government before the law was passed: “The black-green coalition has clearly jeopardized the necessary expansion of wind energy, at least delayed.” There was also criticism from the FDP. The government has caused “utter chaos,” said Dietmar Brockes, energy policy spokesman for the FDP state parliamentary group.
Wind turbine in Soest had to wait
In the current case, a project developer applied for an emissions control permit for a wind turbine in the Soest district in September 2023. This should be located outside an area that the city provides for wind energy in a draft regional plan. The Arnsberg district government initially reported no concerns. In mid-June, the North Rhine-Westphalia state government passed the new planning law. After renewed participation, the district government then instructed the Soest district to suspend the approval process until July 10, 2025 – which is what happened. The OVG Münster has now overruled this order.
Goal: 1,000 wind turbines by 2027
The regional planning authorities in North Rhine-Westphalia are currently revising the regional plans in order to designate new areas for wind energy use across the country, a process that will probably last until the end of 2025. The state government of North Rhine-Westphalia has set itself an expansion target of 1,000 wind turbines by the end of its legislative period in 2027. /sd
