Chorušice municipality challenges Czech government renewable energy zones, files first Supreme Administrative Court lawsuit

The Supreme Administrative Court (NSS) has so far received one lawsuit against the government’s designation of acceleration zones for the development of renewable energy sources. It was filed by the municipality of Chorušice in the Mělník region, the Czech News Agency (ČTK) found from judicial databases. Other local authorities from different parts of Czechia also plan to turn to the court.

Chorušice had already opposed the acceleration zone during the consultation process. It complained of a disproportionate interference with the municipality’s right to self-government. It said nobody had explained why the interest in developing wind farms should outweigh the interests of the municipality, its residents and the protection of the area. Chorušice also expressed concerns about noise and the impacts on human health, nature and the landscape.

In July, the government approved acceleration zones on a significantly smaller scale than envisaged by the plan prepared by the previous cabinet. Of the originally identified 110 sites, 61 remain, including 49 designated for wind farms and the rest for solar photovoltaic plants. Some sites were reduced in size compared with the plan. However, the north-eastern surroundings of Chorušice remained part of the zone designated AOV83.

The NSS will rule as a court of first instance, which is a relatively unusual situation. Lawsuits against spatial plans and other measures of a general nature are usually filed with regional courts, with the NSS dealing with them only at a subsequent stage. However, under the Building Act, spatial development plans approved at government level go directly to the NSS.

Municipalities in the Nízký Jeseník area are also preparing lawsuits over the acceleration zones, for example. They argue that the zones will restrict the rights of local authorities and residents. Mayors of municipalities on the border between the Olomouc and Moravian-Silesian regions agreed to file lawsuits with the NSS as early as August. Municipalities in the Přerov area grouped in the Záhoran microregion intend to proceed similarly.