Property, Land Use, Environmental Impact Assessments, Administrative

The case concerned a local master plan establishing a certain area as suitable for a wind power production. An environmental impact assessment had been made in accordance with the procedures established by relevant legislation. On the basis of this, and the studies made in relation to the environmental impact assessment, the Supreme Administrative Court came to the conclusion that the matter was sufficiently examined and that the local master plan enabling the extension of a wind power production complied with the Land Use and Building Act.


According to the inquiries made, the responsible authorities had, when the local master plan was adopted, sufficiently taken into account the possibilities for maintaining a safe and healthy living environment.  The petitioner owned a house more than two kilometres from the site. According to the enquiry, they would therefore not be affected by the activities in such a way that it would prevent the owner from utilising the property. Thus the construction would not lead to unreasonable inconvenience that it would be contrary to section 39 of the Land Use and Building Act. The fact that the wind turbines could be seen from the property of the petitioner and that they could change the scenery of the landscape, which could affect the value of nearby properties, could not as individual arguments under these circumstances not be seen as an unreasonable inconvenience within the meaning of the applicable rules as mentioned above.