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Koblenz (dpa / lrs) - A homeowner in the Hunsrück has failed before the Higher Administrative Court with his lawsuit against three wind turbines near his property.
The approval of the facilities that have now been built near Metzenhausen (Rhein-Hunsrück district) does not violate the plaintiff's rights, the court in Koblenz decided after a communication on Wednesday.
Revision was not allowed, but the plaintiff can still lodge a complaint.
The wind turbines approved by the district administration are 1050 to 1250 meters away from the plaintiff's property.
The homeowner justified his complaint by stating that the size and location of the facilities meant that they had a "visually oppressive effect".
He is also unreasonably affected by the noise of the wind turbines.
The plaintiff also relied on the fact that the minimum distance of 1,100 meters to residential developments stipulated in the state development program was not being adhered to.
The homeowner was still successful before the administrative court.
The administrative judges in the first instance stated that the minimum distance was not observed in two of the three systems.
The wind power company appealed against it.
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The Higher Administrative Court of Rhineland-Palatinate now found that the definition of the state development plan at minimum intervals had "no protective effect on neighbors". This objective of spatial planning is only relevant for the planning of public bodies. For private owners, on the other hand, they did not create any entitlements or obligations.
The approval of the three plants does not infringe the plaintiff's rights in any other way.
In this way, the relevant immission guide values would be complied with when developing noise.
The three wind turbines did not lead to unreasonable visual effects either.
Since the 241 meter high turbines, including the rotor, are more than four times as far away and for the most part only partially visible from the property of the resident, there is no “walled-in situation” after a site inspection and the property is not “as it were Breathe taken ».
There is no legal right to a clear view of technical buildings.
© dpa-infocom, dpa: 210428-99-383768 / 2