Facts
Schwyberg Energy AG plans to build nine wind turbines on the Schwyberg, a hill range in the Freiburg Prealps. Several environmental organizations filed a complaint against the zoning plan amendment of the municipalities of Plaffeien and Plasselb, which designated a special zone for the wind farm. The Federal Court annuls the decision of the Freiburg Cantonal Court and remands the case for a new assessment.Considerations
The Federal Court finds that the Schwyberg wind farm, due to its extent, dimensions and deviation from the basic order, requires a basis in the cantonal structure plan. The Canton of Freiburg has examined alternative sites and defined criteria for them, but has not sufficiently justified the choice of location. Moreover, the protection, restoration and compensation measures ordered by the cantonal authorities do not fully meet the legal requirements for the protection of the…