Ödeshög (Sweden)

A company notified the municipal Environmental Board of its intention to build a windmill. The authority undertook no measure in response to the notification. A neighbour ppealed to the County Board, claiming that the construction of a windmill required a permit according to the Environmental Code. The County Board quashed the municipality’s decision and prohibited the construction of the windmill, as long and until the issuing of a permit. The municipal authority appealed the quashing of its decision. The Environmental Court of Appeal found that the neighbour was affected by the municipal authority’s decision not to intervene and therefore had the right to appeal this “0-decision”. The court also found that the municipal authority had the right to appeal the County Board’s decision to quash the original decision.