Chancellor: Opposition is not the same as overwhelming public interest

A local council in Viljandi County made errors in judgment when it terminated a wind farm planning procedure, for example, a petition with a thousand signatures does not constitute overriding public interest, said Chancellor of Justice Ülle Madise.
In March of this year, the Põhja-Sakala municipal council ended the planning procedures, arguing they conflicted with the municipality's comprehensive plan.
Madise said the council made errors in judgment: public interests were not properly weighed, and the decision lacked sufficient justification.
Additionally, a petition with over a thousand signatures against the windfarm was handed in, signed by locals and people not living in the municipality. The council determined there was a lot of opposition based on this petition.
The petition said the local community opposed the development of wind farms, citing a decline in quality of life, visual pollution, and possible negative impacts on health and the natural environment.
"People living near proposed wind farms have expressed concerns about turbine noise, shadow flicker, infrasound, and potential declines in property values," the memorandum stated.

Madise pointed out that, according to court practice, widespread opposition cannot be equated with overriding public interest.
For example, in the pulp mill case, the court noted that if some civic organizations and part of the public oppose the construction of the facility, this does not constitute overriding public interest.
"It is evident that the opposition is primarily driven by people's fears. The purpose of the planning process is precisely to determine whether such fears are justified. The process must also identify the harmful effects of the wind farm and assess mitigation measures," the chancellor noted.
Madise added that public interest is an undefined legal concept that must be interpreted based on the circumstances of each case.
"In the case of wind farms, public interest may lie in more environmentally sustainable energy production, which is necessary to ensure energy security and to meet climate goals. The Supreme Court has found that there is significant public interest in this," she said.
The chancellor of justice also emphasized that, under the Planning Act, a municipality must indeed take local interests into account, but must also ensure alignment with the interests of the state.
--
Follow ERR News on Facebook and Twitter and never miss an update!
Editor: Marko Tooming, Helen Wright