Supreme Court of Federation of BiH annulls urban permit for Poklečani wind farm

The Supreme Court of the Federation of Bosnia and Herzegovina has annulled the urban planning permit for the proposed Poklečani wind farm on Štitar mountain, located in the municipality of Posušje in Herzegovina. The project is being developed by Elektroprivreda HZHB, one of the three state-owned power utilities in Bosnia and Herzegovina.

Wind power investments in BiH are facing increasing opposition. For example, in November last year, the Orlovača project was halted.

The Supreme Court has ruled in favor of a complaint of local activist Iva Miličević, who challenged the urban planning permit for the project, according to Aarhus Centre in Bosnia and Herzegovina.

The plaintiff has raised concerns about the impact on the environment, cultural and historical heritage, and implications regarding human rights if the 132 MW wind farm were built. The investment is estimated at EUR 200 million.

The court has mandated a revision. The outcome creates an opportunity for further legal review of all aspects of the project to ensure environmental protection and compliance with legal standards, Aarhus said.

The process for awarding urban permit was illegal and irregular

According to the ruling, the Federal Ministry of Spatial Planning made procedural and legal errors when issuing the urban permit. It was the crucial reason to annul the decision and order a reevaluation of the case.

The Supreme Court did acknowledge that the approval issued to the investor, EPHZHB, contained numerous conditions regarding environmental protection, infrastructure safety, and other technical and administrative requirements.

The Aarhus Centre and residents of Poklečani have opposed the project from the start

Nevertheless, it determined that the process was conducted unlawfully and irregularly in some aspects, the organization added.

Aarhus Centre and the locals in Poklečani have opposed the project from the start, citing concerns about its impact on the environment, health, and the quality of life within the community.

The proposed wind farm’s location near a protected area has raised fears regarding its potential effects on biodiversity and the local economy.

Poklečani is the second wind project of EPHZHB. The company operates BiH’s first one – the 50.6 MW Mesihovina facility. The utility is also developing its first solar power project, Hodovo, for 150 MW.

Miličević: There is a possibility of balancing energy needs with nature conservation

Iva Miličević, the representative of a group of citizens in Poklečani, underlined that the court’s ruling demonstrates there are still institutions in BiH that uphold the law and protect citizens’ interests.

“We, the residents of Poklečani, ask for nothing else except to respect the law and rulebooks that protect our environment and resources. Green energy is, of course, important and necessary, but it shouldn’t cost the destruction of natural resources, forests, protected landscapes, and especially drinking water. There are values that, once lost, can never be regained. This ruling is a victory for us and for everyone who believes it is possible to balance energy needs with nature conservation,” Miličević stressed.

Emina Veljović, executive director of the Aarhus Center in BiH, pointed out that the judgment highlights the need for strict compliance with a law regulating the temporary prohibition of using state property.

“Currently, state property is being defended by activists and the judiciary. Other institutions are waiting for something, and we wonder what they are waiting for,” she stated.