The Higher Administrative Court of Berlin-Brandenburg ruled that the development plan adopted in 2021 by the municipality of Boitzenburger Land for a large-scale photovoltaic plant on approximately 128 hectares of agricultural land is invalid. The plan was one of three parallel development plans intended to allow the construction of large ground-mounted photovoltaic systems in close proximity. In 2023, an environmental association filed a judicial review application, raising formal and substantive objections, particularly regarding environmental and nature conservation assessments. The Second Senate found the application justified, stating that the municipality failed to make a commissioned landscape analysis available for public review during the legally required public participation process, even though it was essential and contributed to the replanning. The court also identified significant substantive defects, including both an investigation error and an evaluation error in assessing the site’s suitability for photovoltaic systems. The appeal was not admitted, but a complaint against this refusal may be lodged with the Federal Administrative Court.
Berlin Brandenburg court voids Boitzenburger Land solar plan
A 128 hectare photovoltaic plan in Boitzenburger Land was ruled invalid by Higher Administrative Court Berlin Brandenburg citing disclosure and assessment flaws.
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