Four Czech local authorities head to court over wind and solar zones

The Supreme Administrative Court (NSS) has so far received four lawsuits from local authorities challenging the government’s designation of acceleration zones for renewable energy development. The first was filed by the municipality of Chorušice in the Mělník area, followed by Moravský Beroun in the Olomouc area, then Skalsko in the Mladá Boleslav area and Chmelík in the Svitavy area, the Czech News Agency (ČTK) found in court databases. Other local authorities from different parts of Czechia also plan to take the matter to court.

In July, the government approved acceleration zones on a smaller scale than envisaged by the plan prepared by the previous cabinet. Of the 110 sites originally identified, 61 remain: 49 designated for wind farms and the rest for photovoltaic power plants. Some sites were reduced in size compared with the plan. Local authorities are going to court because, even after the reductions, they remain close to acceleration zones and fear the consequences.

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

Chorušice had already objected to the acceleration zone during the consultation process. It complained of an excessive infringement of the municipality’s right to self-government. The municipality said no one had explained why the interest in developing wind farms should outweigh the interests of the municipality and its residents, or the need to protect the area. Chorušice also expressed concern about noise and impacts on people’s health, nature and the landscape.

In addition to seeking the cancellation of the entire spatial development plan, Moravský Beroun also sought to cancel the more specific spatial measure for the Norberčany acceleration area, which lies east of the town. The NSS, however, ruled that it would consider only the development plan, while the spatial measure would be dealt with by the Municipal Court in Prague.

Skalsko has long opposed the construction of wind farms. The municipality pointed out, for example, that it is a village conservation area and that the overall urban and landscape context needs to be protected. The Boreč acceleration zone is designated south of Skalsko, with the Chorušice zone further to the southwest.

The Trstěnice acceleration zone borders the municipality of Chmelík to the east, and the Karle zone lies to the south. In May, the municipal council voted to oppose the establishment of acceleration areas in Czechia and called for the two nearest zones to be cancelled.