The Jesenwanger municipal council has spoken out for each wind turbine. But that was only a first step. A complex approval process has to be completed before the third facility in the district is built.
Jesenwang - The citizens' energy cooperative Freising (BEG) would like to build a large wind turbine at Jesenwang for the production of green electricity. The area is far enough from houses that a development plan is not necessary. In other words: According to initial estimates, the wind turbine complies with the 10-hour rule.
Immission control
This means that - completely independently of the will of the local council - the application of the cooperative must now be examined according to the so-called Federal Immission Control Act (Bimsch). This explains a spokesman for the district office as the competent licensing authority. This would also have been the case if the Jesenwang town council had said no because of the privilege.
The privilege
Jesenwang's mayor Erwin Fraunhofer also referred to the privilege of the project. Critical voices from the population - including those from the neighboring community of Grafrath - had already opened up because the council unanimously waved through the application for a preliminary decision. "However, due to the privilege, we have no way of doing it anyway," emphasizes the town hall chief.
Rumors and facts
The numerous examinations and expert reports that are now necessary are decisive anyway. Fraunhofer also opposes rumors that the community would build the wind turbine. The applicant is the BEG, with which the municipality is not connected. The procedure now pending is the responsibility of the applicant and the district authority. The preliminary decision procedure is currently ongoing. Only essential questions are clarified here, such as whether the 10-hour rule would really be observed. Public bodies are also heard here - the first statements are currently coming to the district office.
Knock out obstacles
At this stage of the process, it is a matter of knocking out whether significant obstacles stand in the way of further investments, the spokesman for the authority explains. Put simply, it is checked whether it makes any sense to continue planning. The content of the test here, of course, also: Does the construction of the wind turbine really enjoy the privileges required outside?
The reports
If all of these questions are answered in the affirmative, the preliminary decision will be given. Then the actual approval process according to paragraph 10 of the Bimsch can begin. Now expert opinions have to be obtained, for example on noise protection, shadows, including location security, fire protection and, of course, nature conservation. At this stage of the process, the plans are also publicly interpreted.
Complaints possible
In the end, approval is given or not. In addition, lawsuits against the project are of course possible. The spokesman for the district office did not want to speculate about the time horizon. Much is not in the hands of his authority here. The district already has experience with approval processes for wind turbines. The first wind turbine in the region near Mammendorf was also approved after a complex process, but with the condition that bat monitoring be carried out during operation.
Missed start
This was followed by the second plant near Malching - and there followed the legal argument about the planned third wind turbine at the Puch district of Fürstenfeldbruck. The latter was prevented in court because, in the opinion of the administrative judges, monument protection concerns (Puch church, pilgrimage route) prevented the construction of a bicycle.
