Message
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04.09.2025
Due to the special importance of the expansion of renewable energies (Section 2 EEG), a free-standing photovoltaic system in an outdoor area in North Friesland may remain standing. The Schleswig Administrative Court (VG) has cancelled the demolition order issued by the authorities (Ref.: 8 A 134/23 dated 17/07/2025).
The plaintiff had erected the system on his property, on which there is a listed thatched-roof house and two sheep for landscape conservation. The district of Nordfriesland issued a demolition order because the photovoltaic system violated the applicable building law and also impaired the character of the landscape. The owner successfully appealed against this. Although the VG Schleswig confirmed that the free-standing installation in an outdoor area was not a privileged project, it was permissible in individual cases. For example, the overriding public interest in renewable energies had to be weighed up in favour of the plaintiff. The court also found that other public interests, such as nature conservation, did not oppose the plant.