A case on Dunika parish land use plan has been initiated
The First Panel of the Constitutional Court initiated a case “On Compliance of 3 November 2009 Rucava Amalgamated Municipality Council Binding Regulations No. 27 “On Land Use Plans of Rucava Amalgamated Municipality”, in the Part Regulating Wind Energy Zone in the Territory of the Former Dunika Parish, with Article 105 and Article 115 of the Satversme of the Republic of Latvia.”
Article 105 of the Satversme guarantees the right to own property, whilst Article 115 provides, among the rest things, the right to live in a benevolent environment.
Land use plan of the Dunika parish has been confirmed by 3 November 2009 Rucava Amalgamated Municipality Council Binding Regulations No. 27 “On Land Use Plans of Rucava Amalgamated Municipality”. According to the Plan, a considerable part of the territory of the former Dunika parish was established as a zone for obtaining wind energy.
The application was submitted by twenty inhabitants of the Dunika parish. The application contained references to several procedural violations that are committed when elaborating the land use plan. The applicant also maintain that the mounted wind generators would substantially change the surrounding living environment, which would deny the inhabitants to fully use their property, like, farmland, and it would also change the landscape and the nature. They indicate that near the established park, several territories of Natura 2000 are located: natural reserves, country parks and microreserves.
The Rucava Amalgamated Municipality Council was asked to provide, before 1 September 2010, a reply on factual circumstances of the case and legal justification thereof. The term of preparation of the case is 1 December 2010.
Linked case: 2010-48-03