A property owner cannot take action against the reduction in the clearance area of a neighbouring wind turbine if he claims a comparable reduction in the clearance area for the wind turbine located on his property. This is the result of a decision by the Higher Administrative Court of Berlin-Brandenburg (Ref.: 7 A 42/24 of 18 February 2025). Previously, the Higher Administrative Court had already rejected the complaint of the wind turbine operator to whom the owner leases his land (Ref.: 7 A 41/24 of 30 January 2025). As a result of the priority principle, the operator had to accept shutdown periods for his turbine in order to ensure the stability of both turbines. The owner of the contested licence was represented by DOMBERT Rechtsanwälte in both proceedings.

The plaintiff landowner wanted to have the permit for the neighbouring wind turbine revoked as he feared reduced rental income due to the shutdown times - but was unsuccessful. The court ruled in its judgement of 18.02.2025 that the owner could not invoke the reduction of the clearance area in accordance with the principles of mutual violation of clearance areas. As the development on his property does not comply with the required clearance areas itself, the owner could not invoke a violation of these regulations by his neighbour. Irrespective of this, the court considered the reduction in the depth of the clearance area on the neighbouring property to be lawful. The protective purpose of the clearance areas was not to protect the neighbour from a loss of income. The court also did not consider the principle of consideration under building planning law to have been violated. The switch-off times and the associated financial losses were acceptable due to the principle of priority.