Hessian Administrative Court of Appeal Halts Rewe Logistics Center in Wölfersheim

Already in June of the current year, the Southern Hesse Regional Assembly had decided that the decision on the so-called target deviation should be reviewed once again. In return, an area previously designated as a "priority area for industry and commerce" was to be converted into agricultural land. This target deviation was granted by the Darmstadt Regional Council, which simultaneously commissioned a review that concluded significant environmental impacts could be ruled out.

The VGH saw it differently: a plan amendment procedure would have had to be carried out for the deviation from the regional plan, and this had not taken place. Without such a procedure, the target deviation is unlawful, the judges ruled.

Reaction from BUND Hessen

The state chairman of BUND Hessen, Jörg Nitsch, welcomed the decision. "The VGH stärke die Verbindlichkeit der Regionalplanung und bestätige, dass der Schutz von Natur und Landschaft bei Abweichungen keine Belanglosigkeit ist", he announced. Nitsch also stated: "Wer von den Zielen eines Regionalplans abweichen will, muss die Auswirkungen auf Umwelt und Natur sorgfältig prüfen."

The dispute over the project goes back several years. Just under three years ago, the Federal Administrative Court in Leipzig ruled that an environmental impact assessment had to be carried out for the project. The original designation of the approximately 30-hectare site as a commercial area for the Rewe logistics center had already been approved by the Darmstadt Regional Council in 2017.

BUND Hessen had initially lost its lawsuit against the target deviation both before the Gießen Administrative Court and before the Hessian Administrative Court of Appeal. An initial appeal on points of law was also not accepted by the VGH. With the ruling now announced, the tide turned in favor of the environmental organization.

Outlook and Open Questions

The ruling does not allow any further appeal on points of law. However, a complaint can be filed against the non-acceptance of the appeal. In addition, according to the court, further proceedings related to the complex are pending before the Hessian Administrative Court of Appeal.

The construction site next to the A45 motorway has lain idle for six years. The project has long been controversial – critics take a dim view, among other things, of the loss of agricultural land and the impact on nature and the landscape. Whether the project is now definitively buried after this decision or whether Rewe will continue to pursue legal avenues remained initially unclear.

With the ruling, the VGH also sends a signal beyond the individual case: deviations from regional planning determinations in favor of commercial developments must, therefore, withstand a formal plan amendment procedure. Otherwise, they are subject to legal challenge.