SVENDBORG: The court in Svendborg has acquitted both Svendborg Municipality and the Planning Appeals Board in a case where business owner Peter Bundsgaard Rasmussen had sued them for refusing a permanent permit for his household windmill. The case stems from a rural zone permit from 2006, where Peter Bundsgaard Rasmussen was allowed to erect a household windmill for 10 years. When he had not taken down the turbine in 2021, the municipality rejected his application for a new rural zone permit, which the Planning Appeals Board later upheld. This is reported in Fyns Amts Avis.
- Svendborg Municipality's lack of reaction in relation to the established illegality has rightly been perceived by the plaintiff as an expression of Svendborg Municipality's acceptance of the illegality. It is only Svendborg Municipality that can be blamed for not having raised the claim earlier, argued Peter Bundsgaard Rasmussen according to the judgment transcript.
The court emphasized that he had not previously complained about the original time limit and also rejected the argument about the municipality's passivity. Peter Bundsgaard Rasmussen must pay legal costs of DKK 25,000 to Svendborg Municipality and DKK 31,250 to the Planning Appeals Board. The household windmill still stands on his land.
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