In its decision of 06.12.2024, the Administrative Court confirmed that a local authority has the right to refuse to initiate a special local authority planning procedure on the grounds that the restrictions contained in the general plan (protection of green network reference areas or valuable farmland) do not allow the construction of the wind farm desired by the developer on the territory of the municipality. The Court stressed that the general plan in question would exceptionally have allowed the construction of a large infrastructure project within the green network, but that this would have had to be an infrastructure project of overriding public interest and not a project of private commercial interest.<\/p>\n
The Court also stressed that it is up to the local authority to decide whether and to what extent to allow and encourage different types of energy production on its territory. In essence, the above ruling means that it is up to the local authority to decide whether to favour the development of solar or wind energy on its territory and that, if the local authority has already decided in favour of one type of renewable energy, it cannot be accused of making an inappropriate decision.<\/p>\n
The judgement has not yet entered into force, but the precedent does reassure local authorities that planning law does not always require the initiation of a local authority specific plan. The judgment has not yet entered into force and the developer has the possibility to appeal the judgment to the Tallinn Circuit Court.<\/p>\n","protected":false},"excerpt":{"rendered":"
In its decision of 06.12.2024, the Administrative Court confirmed that a local authority has the right to refuse to initiate a special local authority planning procedure on the grounds that the restrictions contained in the general plan (protection of green network reference areas or valuable farmland) do not allow the construction of the wind farm desired by the developer on the territory of the municipality.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[70],"tags":[],"class_list":["post-8717","post","type-post","status-publish","format-standard","hentry","category-dispute-resolution"],"better_featured_image":null,"acf":{"add_images":false,"choose_news_feed":false},"aioseo_notices":[],"yoast_head":"\n