A GBP 17 million surf park plan has been scrapped after judges in Germany said it would destroy the habitat of two nesting pairs of endangered Eurasian skylarks.
Although the birds are widespread across Europe, wildlife experts consider them at risk in Germany as their natural farmland nesting sites disappear.
Experts told Stade Administrative Court, in Germany, that two breeding pairs of the bird have been seen nesting on the building site in Hamburg.
Now judges have halted the scheme even though, the court heard, the birds were last seen there five years ago.
The ruling came after the Association for the Environment and Nature Conservation Germany (BUND) filed a lawsuit against the development plan.
The court said in a statement obtained by Newsflash: “By decision dated 29th April, 2024, the 2nd Chamber of the Stade Administrative Court in case 2 B 175/24 ordered the suspensive effect of the BUND’s objection against a building permit for the construction of a water basin with technical buildings for an artificial surf facility.
“The Chamber, following a summary examination due to the urgency of interim legal protection proceedings, concludes that the objection will likely succeed at this stage.
“This means that the building permit cannot currently be implemented.”
The ruling also stated there had been concerns over the wider environmental impact of the planned park.
The court statement continued: “The Chamber bases this on both deficiencies in the balancing of species protection and an inadequate balancing of climate protection concerns.”
And it further said: “Species protection is about the (undisputed) loss of two skylark habitats.”
Under German law, the decision is not legally binding and can be appealed to the Higher Administrative Court of Lower Saxony state.
Vice president of the Stade Administrative Court, Richard Wermes, confirmed the ruling saying: “The habitats refer to two breeding pairs of skylarks.”
But he admitted it’s uncertain whether the birds are still even in the area.
He said: “The report is based on several inspections of the area from April to July 2019.
“The court has not received any further investigations into the avifauna in the planned area.”
But, he said, the court weighed the climate risk of the development in its decision.
Wermes said: “The 2nd Chamber assumed that the preparation of a balance of greenhouse gas emissions is necessary to weigh up the concerns of climate protection.
“The respondent simply stated that there would be greenhouse gas emissions but did not quantify them.
“In the chamber’s opinion, there was no properly carried out preliminary environmental impact assessment.”
The EUR 20 million (GBP 17 million) surf park had been due to redevelop an area of 60,000 square metres near Hamburg.
As well as a two-hectare Wavegarden Cove for surfing, the park was to include a standard surf school, shops, restaurants, and sports like beach volleyball and yoga.
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Story By: Georgina Jedikovska, Sub-Editor: Georgina Jedikovska, Agency: Newsflash
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