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Aero Club Schwarzheide Faces Legal Hurdles in Challenging Tall Wind Turbine
The Aero Club Schwarzheide, located in the Lausitz region, finds itself facing significant legal obstacles in contesting the construction of a tall wind turbine. The Higher Administrative Court of Berlin-Brandenburg (OVG) has rejected an urgent application by the aviation club, aimed at halting the project, on formal grounds.
In its decision, the court stated that the Aero Club Schwarzheide, as a tenant of the airport, lacks the necessary legal standing to challenge the plans for the wind turbine's construction. A court spokesperson confirmed this assessment.
The club, with its 85 members, operates the now-closed airport Schwarzheide/Schipkau, previously primarily used by glider pilots. The club expressed concerns regarding potential impairments due to the construction of the over 360-meter high wind turbine, approximately 1.9 kilometers away.
The club's airport lease, originally scheduled to continue until 2030, was terminated by the operating company. In November 2024, the company, which has shareholders among the neighboring municipalities of Schwarzheide and Schipkau, decided to close the airport permanently. A month later, the Landesamt für Umwelt granted permission for the construction of the wind turbine.
The court emphasized that the impairments to the club's operations are not due to the planned construction of the wind turbine but rather the already discontinued flight operations. As a private law user, the club cannot demand that the operating company be obliged to continue airport operations against its will.
Despite this setback, the club intends to continue its legal fight against the eviction, according to a spokesperson. The Aero Club Schwarzheide is currently embroiled in civil proceedings before the Regional Court of Cottbus, defending itself against the termination of the lease and an eviction lawsuit.
Considerations for aviation clubs contesting infrastructure developments like wind turbines include their limited legal standing due to tenancy status and the regulatory framework on wind turbines near aerodromes. Renewable energy projects, especially when part of a government-approved project supporting energy transition, may receive favorable court consideration, making it challenging for such legal opposition to succeed unless clear aviation hazards or rights violations are proven.
- The Aero Club Schwarzheide, having expressed concerns about potential impairments from a wind turbine's construction, may find it advantageous to conduct vocational training programs in environmental-science and technology to better understand renewable energy projects and potentially influence community policy regarding the placement of such structures.
- In light of the legal hurdles faced in challenging a wind turbine's construction, the Aero Club Schwarzheide could consider advocating for vocational training opportunities in the field of science, particularly focusing on aviation, to bolster its legal standing and further its cause in preventing aviation hazards and rights violations.
