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Eolus Vind

Country/Territory
Sweden
Type of court
National - higher court
Date
Nov 1, 2005
Source
UNEP, InforMEA
Court name
Miljööverdomstolen
Seat of court
Stockholm
Reference number
MÖD 2005:66
Language
Swedish
Subject
Energy
Keyword
Sustainable development
Abstract

A case concerning an application for a permit to construct wind turbines by the company Eolus Vind Aktiebolag. The permit was contested by County Administrative Board among others. They foremost based their arguments on the wind turbines causing visual pollution and disturbing the cultural and historical values of the area.

The Environmental Courts of Appeal stated that a well founded and up to date municipal comprehensive plan is important when assessing if a location is appropriate for an operations requiring a permit due to environmental impact. During the proceedings of the case before the Environmental Court of Appeal, the authorities created and adopted a new municipal comprehensive plan pointing out a suitable location for wind turbines. The plan also stated that a restrictive approach should otherwise be adopted regarding the expansion of wind parks in the area. The Environmental Court of Appeal thus found that since the area in question was the only one deemed suitable for a wind turbines by the municipality the assessment by the company was sufficient to determine the location.

Conclusively, the Environmental Court of Appeal found that the public interest of furthering sustainable development spoke in favour of permitting the construction of the wind turbines. Since the competing interests were not of such weight as to constitute obstacles for the construction, the Court resolved to permit the plans for the wind turbines.

Full text
MÖD 2005.66.pdf