BH gave the green light

Automatic Draft

In Mitterkirchen, a photovoltaic project was blocked due to concerns under nature conservation law (stock photo).(Bild: Pressefoto Scharinger/Daniel Scharinger)

Just under two years ago, the Perg District Administration approved the construction of a large ground-mounted photovoltaic plant in Mitterkirchen. The Environmental Ombudsman’s Office filed an appeal against the District Administration’s decision. The State Administrative Court has now overturned the approval for the project in Machland. 

The Environmental Ombudsman’s Office achieved a victory before the Provincial Administrative Court. It challenged a decision by the Perg District Office authorizing the construction of a large PV plant by an energy company in Mitterkirchen: “I’m generally in favor of PV plants, but not at any cost and not when there are alternatives,” says environmental attorney Martin Donat with a sigh of relief.

Construction in an Orchid Habitat
The solar panels were to have been installed in the middle of an orchid habitat. “Ninety percent of it has already disappeared,” explains Donat. The Provincial Administrative Court, which has now revoked the permit under nature conservation law, shares this view: “The meadow area in question is of particularly high conservation importance due to its biodiversity and its status as part of a now-rare, extensive area of nutrient-poor meadows. The project would have significantly altered the site conditions for the plant and animal species adapted to it and would have further reduced the already declining population of nutrient-poor meadows in Upper Austria.” The energy company can file an extraordinary appeal against this decision with the Administrative Court (VwGH).