The Region remains silent and says yes to the repowering of the disputed 27 mega blade wind farm of the Nulvi-Ploaghe wind farm. That, to give a clearer reference, which will affect the panorama of the Basilica of Saccargia. It will be built by Erg Wind Energy Srl which, in place of the current 51 towers "with a hub height of 50 meters and a rotor radius of 26 meters" will install 27 completely new ones, but much higher: they will have a maximum hub height of between 107.5 and 114 meters and a rotor diameter of up to 145. Height, therefore: 180 meters. Silence assent, it's called: it's what according to the TAR was formed due to a mistaken belief of the regional offices and the inapplicability of the moratorium that, in the intentions of the Council, should have contained the wind invasion.
The appeal
The ruling was filed yesterday. The consequences for the historic basilica of Saccargia and the surrounding area can be read at the end: the TAR "annuls the provision of the Region of 27 September 2024" and "declares the intervening formation of tacit consent (...) on the application for a single authorization presented on 15 April 2024 by the appellant, with the consequent tacit release of a single authorization". The judges, in short, fully accept the appeal presented by the "ecological" branch of Erg, born and grown (a lot) in the oil market. And they also completely reject those of the Region.
The provision
In this case, dates are important. On September 27, the offices of Viale Trento denied that the silent consent could have been formed because, this was the thesis, "at the time of the presentation of the application for a single authorization and at the current state, the company did not have and does not have the areas necessary for the expansion of the pre-existing plant". And the expropriation procedures had not even been started. According to the company, however, and the TAR agreed with it, "the actual availability of the areas will depend on the carrying out of the expropriation procedures after the conclusion of the authorization procedure". Therefore: the spaces for the wind towers will really be in the hands of Erg only after the final green light. Which had not arrived precisely because the Region was trying to play on another level. And it did not say no when it could. After a long dispute, Erg had started the procedure to obtain the single authorization on April 14: any objections should have arrived within 60 days, not in September. so much so that for the judges the "silent consent" was formed on June 14. And on that date, here is the importance of the calendar again, the so-called moratorium, which the Region tried to oppose in court, had not even come into force: "The tacit formation of the title cannot be prevented by the moratorium established by the regional law, considering that it came into force on July 4, 2024, that is, on a date well after the formation of the appellant's title". Game over: Erg wins, the Region loses.
Enrico Fresu