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Abstract
The thematic access to, and content and intensity of spatial planning have expanded greatly in recent years. Spatial planning can now have an impact on whether a property is built on and determine whether a project in an outlying area, which is relevant for spatial planning, is permissible or not. This not only leads to demarcation issues within the overall planning, but also makes the fundamental right to property and its constitutional requirement the focus of consideration. Sufficient planning empowerment is essential for this purpose.
The use of wind energy and the conflicts regarding its acceptance are driving forces behind increasing the authorities’ ability to exercise control under spatial planning laws. However, ‘acceptance’ is a shifting concept, which to date has not been legally defined. Taking conflicts relating to acceptance as an example, this study examines the model of special law site planning and reveals the (constitutional) limits to decisions beyond that.
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