Solar power plant to remain: Administrative court strengthens renewable energies

A building authority was not permitted to order the demolition of two freestanding solar panels next to a farmhouse. The Schleswig Administrative Court clarified that the particular importance of renewable energies constitutes an overriding public interest.

A Solar plant According to the Schleswig Administrative Court, at 50 square meters, it is merely a "subordinate ancillary structure" to a thatched, listed farmhouse and does not impair the landscape. The "overriding public interest" in renewable electricity supply be a binding provision for the administration. 

The case

The owners of a listed thatched-roof house and a 6.500 square meter plot of land installed two in their garden. freestanding solar panels with a length of approximately eight meters. 

The Building authority ordered the elimination of the solar panels. She was of the opinion that the installation contradicted the land-use plan and would also detract from the character of the Impairing the landscapeAfter an unsuccessful appeal process, the owners took their case to the Schleswig Administrative Court.

The judgment

The judges clarified that the solar panels do not cause any disturbance and therefore stop can. The outdoor facility is not in accordance with the purpose of Building Code privileged. Therefore, the project may not public interests do not affect (§ 35 para. 1 BauGB).

This would at most create a contradiction to zoning plan in question, the one for the property landwirtschaftliche The land use plan stipulated that the owners use the property next to the house only as a garden and not as agricultural land. Therefore, the land use plan is in accordance with public interests. meaningless, especially since the residential building is located under Historical monument that it is not up to the owners to change this use. 

Also concerns of Nature conservation or the Landscape maintenance are due to the solar system not affectedThe court ruled that, at 50 square meters, it was merely a "subordinate ancillary structure" to the residential building and therefore did not impair the landscape. 

EEG as a benchmark for "public interests"

The Administrative Court clarified that Section 2 Renewable Energy Sources Act (EEG) in the assessment of public interests special significance The "overriding public interest" in renewable electricity supply enshrined there is not merely a programmatic statement, but a binding provision for the administration. The special significance of such facilities must be taken into account in decisions under state law. generally observed so that there can be no question of an opposing public interest here.

Even if one saw it differently, the authority must § 2 EEG in any case into Balancing of interests to include – which did not happen here. Therefore, the official decision is at least invalid. abuse of discretion. § 2 EEG While renewable energies do not receive absolute priority in the public interest, they do receive a significant one. "relative weighting priority". This doesn't automatically mean it predominates, but it usually does. Therefore, the panels can remain in place.

Administrative Court of Schleswig, judgment of July 17, 2025, file number. 8 A 134/23

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