By not fulfilling its coordinating obligation with regard to the Aidu wind farm, a large wind generating area in northeastern Estonia whose construction has been halted by a court, the Luganuse municipalty has created a situation where it is no longer possible to move forward with the development in a lawful manner and jeopardized the functionality of equipment vital for national defense, informs LETA/BNS referring to the Defense Minister Juri Luik.
The Ministry of Defense is opposed to the execution of the wind farm project, arguing that too high wind turbines are planned to be installed at Aidu that will interfere with the work of radars of the national defense system.
The elder of the Luganuse municipality, Andrea Eiche, has turned to the government in connection with the wind farm project being developed by Eleon, a company of brothers Oleg and Andres Sonajalg, which has come to a halt as result of a legal dispute. According to the municipality elder, the situation requires the interference of the prime minister.
From the viewpoint of the municipality, the wind farm is a very important investment in the territory of the municipality set forth in valid planning documents, which in addition to indirect positive impacts will have a direct positive effect on the municipality’s budget. The latter effect arises in part from the payments made on the basis of the building rights purchase and sale agreement and in part from the obligation of the wind farm developer to support the construction of an aquatic center at Aidu.
The municipality said that based on the above, the opposition of the Ministry of Defense to the establishment of the wind farm, unexpectedly revealed in 2017, hit them as a very unpleasant surprise.
“Until the present moment the municipality had reasons to presume that the formal issues raised by the Ministry of Defense will be solved in an administrative court as is appropriate for a country of the rule of law and the establishment of the wind farm has been halted only temporarily, until the legal dispute has been solved,” Eiche said in her letter to the government.
The minister of defense, Juri Luik, meanwhile said that the subject-matter of the proceedings are the building permits issued by orders of the Luganuse municpality, which are unlawful both in the opinion of the East-Viru county governor and the Ministry of Justice. In addition, by not fulfilling the obligation to have the plans endorsed by the authorities concerned the municipality has jeopardized the functionality of equipment vital for national defense.
A court has suspended the building permits issued by the municipality as an interim protection measure.
“It has been established in the court proceeding that the developer is not fulfilling the interim legal protection order and is continuing unlawful construction activity for the establishment of the Aidu wind farm,” the minister said in his response to the municipality.
“If the builder of the superficies repeatedly violates the terms of the right of superficies, the state has the obligation to act in accordance with the terms of the right of superficies,” Luik said.
Established in 2007, Eleon AS is a developer and builder of multi-megawatt class wind turbines. It plans is to put up 30 huge three-megawatt turbines at Aidu with a tower height of 135 meters and a rotor diameter of 120 meters.
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