As of: February 22, 2024, 6:00 p.m
By: Volker Ufertinger
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Wind power is casting its shadow ahead: eight systems are to be built in Gauting, four in the Königswiesen forest and four in the Buchendorfer forest.
© Marcus Brandt
The environmental energy Gauting citizens' initiative has filed a legal supervisory complaint.
The community is said to have violated the public policy.
Gauting
- On November 8th last year, an information event took place in Bosco, the content of which many citizens were excited about.
How many wind turbines is the municipality of Gauting planning?
And where will they be?
Afterwards it became clear: there should be eight wind turbines, four each in the Königswieser Forest and in the forest near Buchendorf.
The decision was passed almost unanimously in a closed meeting in October.
The legal situation was also discussed: As Matthias Simon from the Bavarian Municipal Council explained, outdoor wind turbines are privileged by law and do not require the consent of the local council.
The fact that the Starnberg district designated concentration areas ten years ago was a sign of foresight, as this would help stop the wild growth that occurs elsewhere.
BI sees “serious violation”
Since then, the citizens' initiative (BI) Umwelt-Energie-Gauting with Friedrich Huber, Beatrice Giehr, Anette Bäuerle and Bernhard Fliedner have followed up several times, on November 21st in the citizens' consultation hour and on December 3rd in writing to Mayor Dr.
Brigitte Kössinger.
“Questions regarding the exact wording of the resolution and the legal basis for the exclusion from the public remain open,” the BI now writes in a press release.
She then had the matter examined legally - with the result that the secret decision-making violated the Bavarian municipal code, in particular the principle of publicity.
The BI has therefore filed a legal supervisory complaint with the aim of having the decisions made immediately repealed.
Their conclusion: “The local council has seriously violated the principles of democracy and transparency.”
Municipality cites contractual matters
In the mayor's answer, which the BI attached to its press release, it is pointed out that the topic of wind power was regularly discussed publicly in the local council.
Brigitte Kössinger assures: “The subject of non-public resolutions are not local political decisions, but rather contracts with private parties, which are not to be treated publicly and which are not disclosed to uninvolved third parties, even outside the local council.” A resolution on this topic is not “at all” indicated”, because: “According to the current legal situation, wind power projects can also be implemented in Germany without the decision of local authorities.”
Also read: Community wants to build eight wind turbines
The BI considers this position not only to be illegal, but also “politically unacceptable”.
“The citizens were presented with a fait accompli at the information event on November 8th, although they will be directly affected by the decisions.” The construction of eight wind industrial plants, each 255 meters high, for which 48,000 square meters of forest near Königswiesen and Buchendorf will allegedly be cut down According to BI, “represent a massive intervention in Gauting’s local recreation area and the landscape in general”.
Also read: No citizens' initiatives in Gauting and Krailling
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If the municipality is already actively promoting the destruction of nature that is questionable in terms of energy policy, the municipal councils would at least have to commit to this decision in a public vote.
In general, the BI announces that it will continue to closely monitor the actions of local politicians on this issue and “use all available political and legal means to prevent the sacrifice of forest areas.” This “of course” also applies to the municipality of Krailling.
The letter from the BI has been received by the legal supervisory authority.
Stefan Diebl, spokesman for the district office, explains the further procedure as follows: “We will first ask the municipality for a statement on this process.
Only when we have this can we make an assessment.”
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