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Council of State orders review of compensation for Windplan Groen property losses

The Council of State ruled that the Minister for Climate and Green Growth had not sufficiently substantiated how much of the loss in value of seven homes near Windplan Groen in Dronten should be borne by their owners. The minister has four weeks to correct the shortcomings. The homeowners, in Ketelhaven and 865 to 910 metres from the nearest turbine, had received amounts ranging from €6,250 to €9,500, including one payment that was raised from €7,250 to €8,400 after an objection. They considered the compensation too low and appealed to the courts.

The dispute concerns the normal societal risk applied in calculating compensation. The minister had assumed that owners should bear 3% of the homes’ original value, while the owners argued for 2%. The Council of State said the minister must examine whether wind turbines were already permitted nearby under the applicable planning rules before Windplan Groen was built, because this affects whether the new turbines could have been expected. The outcome could change the compensation. The Council of State largely rejected the owners’ other objections concerning noise, low-frequency noise, light nuisance, possible health effects and the assessments used. It also rejected an appeal concerning four payments of €6,000 to €7,250 made by wind farm developer Winddome Groen; any additional compensation will be paid by the developer under agreements with the minister.