US EditionConstitutional Court Overturns Photovoltaic Ban Due to Impact on the Townscape
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The Constitutional Court has decided that St. Pölten PV systems in protection zones may no longer be restricted on a flat-rate basis or allowed only with the consent of a specialised body. Instead, such systems must be examined in individual cases in the future, whereby the local image protection continues to play an important role. ST. PÖLTEN/NÖ. The Constitutional Court has taken a judgment in St. Pölten for an event with possibly far-reaching…
Homeowner fights to the highest court - judgment could overturn PV bans all over Austria. Because their PV system is visible from the road
vienna.at
The Constitutional Court (VfGH) has overturned the blanket ban on photovoltaic systems in the St. Pölten area, citing concerns about the townscape. A homeowner had filed a lawsuit against the regulation stipulating that such systems must not be visible. The ruling is likely to have far-reaching consequences across Austria for similar restrictions imposed by municipalities, reported the Ö1 "Morgenjournal" on Thursday.
The judgment of the Constitutional Court in the case of a complaint by a homeowner from St. Pölten could now have a signal effect for all municipalities: Accordingly, a municipality cannot prohibit a PV system so simply for reasons of the local image.
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