Photovoltaic vortex

Monument protection versus saving the climate – ecological lawsuit!

The town hall in St. Pölten is committed to "protecting the baroque city".

(Bild: Huber Patrick)

Climate activists continue to make heated accusations against the provincial capital of St. Pölten. A lawsuit is now underway because the ban on photovoltaics on listed sites is clouding the energy transition. Mayor Matthias Stadler explains the background.

"We see St. Pölten's strict building laws as a potential obstacle to progress towards sustainability. This is because these regulations generally prohibit the installation of solar energy systems on building surfaces that are visible from public spaces - without exception. This policy, which supposedly serves to protect the cityscape, ignores the variety of design options offered by modern solar technology," rages Florian Graber from Initiative für Klimarecht.

We are asking the Constitutional Court to review the legality of the blanket ban in the city.

Mag. Michaela Krömer (Klimaschutz-Anwältin)

In particular, a recent case in which a building owner - as reported - was prohibited from installing photovoltaic modules in the Lower Austrian provincial capital for precisely the above-mentioned reasons is causing a stir. The decision by the building authorities to ban the installation is now being challenged by the respected St. Pölten law firm Krömer at the Lower Austrian Provincial Administrative Court - with a review of the legality of the blanket ban by the Constitutional Court being suggested in particular.

City wants to prevent "uncontrolled growth" in baroque city
"The energy transition is essential to tackling the climate crisis. General bans that place the protection of the townscape above all other public interests across the board and without exception are noticeably blocking the implementation of this mammoth task. The motto climate protection yes, but only if you can't see it, doesn't work. This should finally be made clear through the lawsuit with an impact on Austria as a whole," Graber explains.

In principle, this is not just a St. Pölten issue, but affects the whole of Austria as far as the protection of monuments and townscape is concerned

Matthias Stadler, Bürgermeister von St. Pölten

The city is fiercely defending itself against accusations of being an obstacle to the energy transition - which is understandable given the need to protect the historic baroque city center. However, the aim is to prevent uncontrolled growth. A city center resident agrees: "The historical heritage should be preserved harmoniously. Imagine if the roofscape was paved over with modules."