The so called “Energiewende”, the switch from fossil to renewable energy, features heavily in the agendas of urban and communal planners in Germany. The refreshed version of the “Erneuerbare Energien Gesetz” (EEG) from 2022 states, that construction and commissioning of installations which produce renewable energy is of utmost importance to public interest, playing a significant role in maintaining energy security and hence public safety. Making use of solar panels and windmills is to be seen as a viable option to that end. However, a conflict looms for owners of buildings designated historic landmarks, who intend to install e.g. solar panels, yet must adhere to monument preservation laws, which provide the judicial framework for how historic landmarks can or cannot be altered. For example, the High Administrative Court in Lower Saxony ruled in 2023, that the owner of a house designated a historic landmark must remove solar panels, which he had previously installed without being granted explicit permission. Correspondingly, the High Administrative Court in Bavaria ruled in 2013, that the construction of windmills affected both landscape and appearance of historic monuments negatively. In Thailand on the other hand, the question of balancing preservation of historic landmarks and implementation of renewable energies has not been answered yet from a judicial point of view. This paper aims to compare the legal conflicts between the development of renewable energies and the preservation of historic landmarks in Thailand and Germany, and to research which factors are to be considered in the approval process.

Authors:
Sunisa Bauer, Kasetsart University, Thailand

About the Presenter(s)
Dr. Sunisa Bauer currently serves as Head of Department of Law at Kasetsart University, Thailand. Her general interest encompasses constitutional and administrative law.

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