Status: 08/26/2021 4:25 p.m.
The controversial Datteln IV hard coal power plant should not have been built at this location. The development plan for it was “illegal”, ruled the Higher Administrative Court on Thursday.
The coal-fired power plant has not only been in operation since its commissioning in 2020 Dates IV fiercely controversial. Now the Higher Administrative Court (OVG) Muenster found that the zoning plan is invalid. “The development plan of the city of Datteln is ineffective,” said the presiding judge Detlev Klein Altstedde on Thursday at the end of the hearing in Münster. The choice of location for the power plant was incorrect.
The nature conservation association BUND, residents and the neighboring town of Waltrop had sued against the development plan. The court did not allow a revision of the judgment, but it is not yet legally binding. Also, after this court decision, the power plant will not go directly from the grid. Because it affects the location, but not the immission control approval of the power plant. The BUND also wants to overturn this in court.
Location search error
Datteln IV is the only coal-fired power plant in Germany that went online despite the agreement to phase out coal. Obviously, mistakes were made in the search for a location that preceded the construction of the power plant, making the entire development plan illegal. At that time, the authorities had apparently only looked for alternative locations in the Emscher- / Lippe area. In the opinion of the Senate, however, the search should have been carried out on the whole Ruhr area need to be expanded.
In addition, one should not have looked exclusively for a different location for a coal-fired power plant without considering a gas-fired power plant. Other alternative locations might have been available for this other technology.
Operator wants to examine legal remedies
The operator of the coal-fired power plant, the energy company Uniper, said on Thursday that he now wanted to analyze the reasons for the judgment and examine further legal remedies. You take note of the judgment, but “expressly do not” share the view of the court. “It is clear that the court did not decide on the closure of Datteln 4, but on” formal aspects of planning law “.
The OVG had already ruled on a Datteln IV development plan in 2009. The court found a number of legal errors at the same time. For example, the power plant was planned too close to the residential development and would be the environment load too much. The court overturned the plan.
Lawsuits pending at the OVG since 2015
Politicians reacted, tried to improve and thus legally secure the project. Several state governments, both black and yellow and red and green, were involved. And the operator at the time, EON, even assured that the coal pile would be torn down if the worst came to the worst.
This case has not yet occurred. In 2015 the city council of Datteln passed a new development plan. The lawsuit, however, was heard on Thursday in Münster.
Power plant has only been on the grid since 2020
The Higher Administrative Court of Münster
Image: WDR / Bernd Thissen / dpa
Even if the power plant is still in operation for the time being, the judgment is still important for the future. It is indicative of another legal process. This is about the approval of Datteln IV – and thus also about the continued existence of the power plant.
Source: wdr.de
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