Facts
The Swiss Bird Protection Association SVS/BirdLife Switzerland and the Bird Protection Association of the Canton of Solothurn filed an appeal against the planned Grenchenberg wind farm. The Federal Supreme Court partially upheld the appeal.
The wind farm is planned to consist of six wind turbines, three of them on the ridge northeast of the Untergrenchenberg restaurant and three more west of Obergrenchenberg. The project perimeter borders the Federal Inventory of Landscapes and Natural Monuments of National Importance (BLN) No. 1010 "Weissenstein" to the east.
The Federal Supreme Court first examined whether the balancing of interests for the designation of the Grenchenberg as a wind farm site in the cantonal structure plan was sufficient. It concluded that the investigations into the occurrence of endangered and nationally priority breeding bird and bat species were incomplete. However, these deficiencies were remedied in the subsequent land use planning procedure.
Considerations
In the overall balancing of interests, the Federal Supreme Court concluded that the wind farm can be approved with certain conditions:
- The locations for wind turbines 2 and 3 cannot be approved, as they significantly fall short of the minimum distance of 3000 m to the peregrine falcon nest recommended by the Swiss Ornithological Institute.
- For the remaining locations, additional protection and compensation measures must be provided:
- Conducting a meaningful carcass monitoring program for birds and bats under the supervision of experts
- Supplementing the carcass monitoring with a…