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Supreme Court of Denmark

The Environmental Board of Appeal's decisions were valid 

Case no. 353/2010
Judgment 7 September 2012
 

Jens Peter Slæbæk Nielsen
and
Hugh Tucker
vs.
The Environmental Board of Appeal

The Environmental Board of Appeal had concluded that the adoption by the local authorities of Svendborg of a municipal development plan with an environmental impact assessment, local plan and issue of a permission to erect two wind turbines on the island of Tåsinge was valid  

One of the issues in dispute was whether the local authorities of Svendborg had or should have prepared an assessment of the impact on habitats in respect of the birds, flora and fauna in the area, and whether a new executive order on noise for wind turbines meant that a supplementary environmental impact assessment (EIA) should have been performed.

The Supreme Court stated, among other things, that there was no basis for setting aside the Board's opinion, according to which only a preliminary assessment (screening) of the planned wind farm's possible impact on the nearby protection areas for birds, flora and fauna had been performed.

The Board was not wrong in refraining from demanding that the local authorities perform an assessment of the impact on habitats during its hearing of the complaints.

The fact that a new executive order on noise had taken effect in the meantime did not mean that the local authorities in Svendborg had to prepare a supplementary EIA before the adoption of a municipal development plan or local plan.

The High Court had reached the same conclusion.

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