Conservation of Nature and Landscape in the Process of Locating, Constructing and Operating Wind Power Plants in the Czech Republic

This paper aims to describe the competing interests of the development of wind power plants (WPPs) occurring in individual stages of land use planning and authorization, analyse the points of conflict and suggest possible solutions. Although the promotion of the use of renewable sources leads to reduction of greenhouse gases, protection of the climate as well as the environment, many conflicts with the colliding interests in the protection of the environment occur in locating, constructing and operating WPPs. Due to technical parameters of the WPPs, these plants can, for example, interfere in the landscape character, endanger specially protected species or have a significant impact on the favourable condition of the subject of protection or the integrity of a Site of Community Importance or Special Protection Area. The colliding interests must be considered in all those cases. One can encounter strict regulation of the WPP construction already on the level of the Spatial Development Principles, which, however, will not stand a judicial review if it is not justified properly, if it limits inappropriately the landowners, or if it groundlessly excludes the room for exceptions and the ad hoc assessment of a particular project. If the land use documents allow the construction of the WPPs, it is essential to submit statements and permissions pursuant to the Environmental Impact Assessment Act and the NLPA, since the WPPs present a significant interferences in the nature and landscape character. The case law of the SAC puts emphasis on several aspects the authorities should take into account, for example the height of the particular WPP, its location and the axial symmetry with the landscape elements. In the conflict with other interests, production of energy from renewable sources is generally considered an overriding public interest which outweighs environmental protection. However, alternative solutions must be taken into account and if plausible, given preference.This paper aims to describe the competing interests of the development of wind power plants (WPPs) occurring in individual stages of land use planning and authorization, analyse the points of conflict and suggest possible solutions. Although the promotion of the use of renewable sources leads to reduction of greenhouse gases, protection of the climate as well as the environment, many conflicts with the colliding interests in the protection of the environment occur in locating, constructing and operating WPPs. Due to technical parameters of the WPPs, these plants can, for example, interfere in the landscape character, endanger specially protected species or have a significant impact on the favourable condition of the subject of protection or the integrity of a Site of Community Importance or Special Protection Area. The colliding interests must be considered in all those cases. One can encounter strict regulation of the WPP construction already on the level of the Spatial Development Principles, which, however, will not stand a judicial review if it is not justified properly, if it limits inappropriately the landowners, or if it groundlessly excludes the room for exceptions and the ad hoc assessment of a particular project. If the land use documents allow the construction of the WPPs, it is essential to submit statements and permissions pursuant to the Environmental Impact Assessment Act and the NLPA, since the WPPs present a significant interferences in the nature and landscape character. The case law of the SAC puts emphasis on several aspects the authorities should take into account, for example the height of the particular WPP, its location and the axial symmetry with the landscape elements. In the conflict with other interests, production of energy from renewable sources is generally considered an overriding public interest which outweighs environmental protection. However, alternative solutions must be taken into account and if plausible, given preference