@misc{9226617,
  abstract     = {{This thesis discusses the permit process for onshore wind power, focusing on the requirements for the decision-making basis, the distinction between rejection and requests for additional information, and the use of the municipal veto. The purpose is to examine whether there are reasons and legal possibilities to introduce an alternative review process, and how such a process could be designed in a more practical and proportionate way.
The analysis shows that the boundary between rejection and completion in case law is somewhat unclear. The main rule is that deficiencies should be addressed through requests for completion, while rejection is only applied in cases of more serious deficiencies that cannot be remedied within the process. At the same time, the assessment is partly context-dependent and must be made based on the circumstances of each individual case.
With respect to the decision-making basis, the study shows that the applicable requirements are largely shaped by the Environmental Code and judi- cial practice. However, there is a lack of clear guidance as to what an application must contain. Consequently, the requirements tend to be extensive and vary depending on the location and scope of the project, which in practice leads to frequent requests for completion, prolonged procedures, and increased costs.
The thesis further demonstrates that the requirement of municipal approval constitutes a significant structural risk, as it may ultimately determine the outcome of the permitting process irrespective of the quality of the underlying application. Moreover, a municipal veto issued at an early or intermedia- te stage may result in the rejection of an application, even though the municipality retains the ability to alter its position at any time.
In conclusion, while the permitting process is, in principle, functional, it gives rise in practice to an imbalance between the burden of investigation and structural risks. The findings suggest that there are reasons to consider reforms of the system, both by lowering the requirements for the decision- making basis at an early stage and by reconsidering the application of the municipal veto.}},
  author       = {{Fyhr Dehn, Sara}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Strukturella risker och beslutsunderlag i vindkraftsprövningen - Om utredningskrav, kommunal tillstyrkan och utrymmet för en alternativ prövningsprocess}},
  year         = {{2026}},
}