Public announcement

Publication date: 2026-05-26

THE DECISION IN THE IMMISSION CONTROL APPROVAL PROCEDURE ON THE APPLICATION OF ABO ENERGY WP LINDLAR-VOGELBERG GMBH & CO. KG FOR THE MODIFICATION OF THREE WIND TURBINES (LINDLAR - VOGELBERG)

The company ABO Energy WP Lindlar-Vogelberg GmbH & Co. KG, Oberdorfstraße 10, 55262 Ingelheim am Rhein, was granted approval on 23.01.2025 for three wind turbines (WEA) of the type Enercon E-175 EP5 with an installed capacity of 6.000 kW per turbine, a rotor diameter of 175 m, a hub height of 162 m and a total height of 249,5 m in the municipality of Lindlar, Gemarkung Breun.

By its application dated 06.03.2026, received on 10.03.2026, ABO Energy WP Lindlar-Vogelberg GmbH & Co. KG applied for approval pursuant to § 16b para. 8 of the Act on the Protection against Harmful Effects on the Environment caused by Air Pollution, Noise, Vibration and similar Phenomena (Federal Immission Control Act - BImSchG) of 17.05.2013 (BGBl. I p. 1274), as currently in force.

The subject of the application was the increase in output of the three WEA from 6.000 kW per WEA to 6.300 kW per WEA. In addition, the intervention area of the WEA increased, which is why the Landscape Management Plan (Landschaftspflegerischer Begleitplan) was supplemented. Furthermore, the WEA manufacturer (Enercon) updated a number of manufacturer documents, so that these updated documents were also part of the application.

The project requires a permit under pollution control law pursuant to § 16b paragraph 8 BImSchG in conjunction with §§ 1 and 2 of the Fourth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Installations Requiring a Permit – 4. BImSchV) and No. 1.6.2 of Annex I to the aforementioned Ordinance.

Responsible for issuing the permit pursuant to § 1 of the Zuständigkeitsverordnung Umweltschutz (ZustVU) NRW in conjunction with Part A of the Annex to the ZustVU NRW is the Oberbergischer Kreis – the District Administrator as the Lower Immission Control Authority.

The approval notice dated 12.05.2026 contains the following operative Part:

 

I.    Operative Part

On the basis of the application of the Company

ABO Energy WP Lindlar-Vogelberg GmbH & Co. KG Oberdorfstraße 10

55262 Ingelheim am Rhein

pursuant to § 16b BImSchG dated 06.03.2026, received on 10.03.2026 and last supplemented on 31.03.2026, the immission control permit dated 23.01.2025 (Ref. No. 67/21-20—G-08-2024-Scht) for the erection and operation of

three wind turbines (WEA) of the type Enercon E-175 EP5 with a hub height of 162.0 m, a rotor diameter of 175.0 m and a total height of 249.5 m

(item 1.6.2 (V) of Annex I of the 4th BImSchV)

in the municipality of Lindlar, Breun district, section 49, parcel 110 (WEA 1) and 66 (WEA 2) as well as section 50, parcel 29 (WEA 3), amended and/or supplemented with regard to the erection and operation as set out below:

The increase in output from 6,000 kW to 6,300 kW per WEA, as well as the extension of the intervention area for the erection of the three WEA and the updating of the manufacturer's documents including changes to the operating modes/noise data, are hereby approved.

Approved Scope of the Installations and TheirFacility:

I.    Annex

Type / Power

Mode

Operating hours

WEA 1

Enercon E-175 EP5

6.300 kW

OM-YO-12-1

06:00 to 22:00 o'clock

OM-0-1

22:00 to 06:00 o'clock

WEA 2

OM-YO-12-1

06:00 to 22:00 o'clock

OM-0-1

22:00 to 06:00 o'clock

WEA 3

OM-YO-12-1

06:00 to 22:00 o'clock

OM-NR-05-1

22:00 to 06:00 o'clock

Re III.2 Immission Control

Ancillary provision 2.1 of the approval dated 23.01.2025 is replaced by the following wording:

The noise immission forecast by Ramboll Deutschland GmbH (Elisabeth-Consbruch-Straße 3, 34131 Kassel) dated 05.06.2024, Report No. 24-1-3005-000-NRM, as well as the noise immission forecast dated 26.03.2026, Report No. 24-1-3005-002-NSc, form part of this permit.

 

Ancillary provision 2.4 of the approval dated 23.01.2025 is replaced by the following wording:

During the daytime, from 06:00 to 22:00, the WEA shall be operated in accordance with the noise immission forecast prepared by Ramboll Deutschland GmbH (Elisabeth-Consbruch-Straße 3, 34131 Kassel) dated 26.03.2026, Report No. 24-1-3005-002-NSc, in conjunction with the manufacturer's specification Enercon E-175 EP5 E1 Mode OM-YO-12-1, Report No. D03149502/0.1-de/DA, using the performance data specified herein.

To identify the maximum permissible emissions and the operation in conformity with the permit, the following values apply:

f [Hz]

63

125

250

500

1000

2000

4000

LW,Okt [dB(A)]

90,8

93,6

98,3

102,3

102,6

99,6

91,1

considered uncertainties

σR = 0,5 dB σP = 1,2 dB σProg = 1,0 dB

Le,max,Okt [dB(A)]

92,5

95,3

100,0

104,0

104,3

101,3

92,8

Lo, Okt [dB(A)]

92,9

95,7

100,4

104,4

104,7

101,7

93,2

The values of the upper confidence interval limit Lo,Okt constitute the measure for the effects of the operation in conformity with the permit, including all necessary surcharges to account for uncertainties, and may not be exceeded; they therefore also apply as pre-existing background load for subsequent installations.

Ancillary provision 2.5 of the approval dated 23.01.2025 is replaced by the following wording:

During the nighttime, from 22:00 to 6:00, WEA 1 and 2 shall be operated in accordance with the noise immission forecast prepared by Ramboll Deutschland GmbH (Elisabeth-Consbruch-Straße 3, 34131 Kassel) dated 26.03.2026, Report No. 24-1-3005-002-NSc, in conjunction with the manufacturer's specification Enercon E-175 EP5 E1 Mode OM-0-1, Report No. D03135748/1.0-de/DA, using the performance data specified herein.

To identify the maximum permissible emissions and the operation in conformity with the permit, the following values apply:

f [Hz]

63

125

250

500

1000

2000

4000

LW,Okt [dB(A)]

89,0

93,7

97,0

99,9

101,3

100,3

93,5

considered uncertainties

σR = 0,5 dB σP = 1,2 dB σProg = 1,0 dB

Le,max,Okt [dB(A)]

90,7

95,4

98,7

101,6

103,0

102,0

95,2

Lo, Okt [dB(A)]

91,1

95,8

99,1

102,0

103,4

102,4

95,6

The values of the upper confidence interval limit Lo,Okt constitute the measure for the effects of the operation in conformity with the permit, including all necessary surcharges to account for uncertainties, and may not be exceeded; they therefore also apply as pre-existing background load for subsequent installations.

 

Ancillary provision 2.6 of the approval dated 23.01.2025 is replaced by the following wording:

During the nighttime, from 22:00 to 6:00, WEA 3 shall be operated in accordance with the noise immission forecast prepared by Ramboll Deutschland GmbH (Elisabeth-Consbruch-Straße 3, 34131 Kassel) dated 26.03.2026, Report No. 24-1-3005-002-NSc, in conjunction with the manufacturer's specification Enercon E-175 EP5 E1 Mode OM-NR-05-1, Report No. D03135753/1.0-de/DA, using the performance data specified herein.

To identify the maximum permissible emissions and the operation in conformity with the permit, the following values apply:

f [Hz]

63

125

250

500

1000

2000

4000

LW,Okt [dB(A)]

83,9

88,8

93,8

96,8

96,9

93,5

85,3

considered uncertainties

σR = 0,5 dB σP = 1,2 dB σProg = 1,0 dB

Le,max,Okt [dB(A)]

85,6

90,5

95,5

98,5

98,6

95,2

87,0

Lo, Okt [dB(A)]

86,0

90,9

95,9

98,9

99,0

95,6

87,4

The values of the upper confidence interval limit Lo,Okt constitute the measure for the effects of the operation in conformity with the permit, including all necessary surcharges to account for uncertainties, and may not be exceeded; they therefore also apply as pre-existing background load for subsequent installations.

Ancillary provision 2.7 of the approval dated 23.01.2025 is replaced by the following wording:

The WEA shall be taken out of operation during night-time hours from 22:00 to 6:00 until the acoustic behaviour of the WEA type Enercon E-175 EP5 is demonstrated by an FGW-compliant measurement on the applied-for WEA itself or on another WEA of the same type. It must be demonstrated that the octave sound power levels measured in the wind bin of the highest measured total sound power level, plus the 90% confidence interval of the total uncertainty from measurement, series scatter andForecast model (Lo,Okt,Vermessung) the values of the upper confidence interval limit L set out in ancillary provisions No. 2.5 and 2.6o,Okt not exceed.

If not all values Lo,Okt is complied with, the proof for the admission of the night-time operation shall be provided by carrying out a renewed propagation calculation for the individual WEA concerned. This control calculation must be carried out using the identical propagation model, including the immission reference point modelling, as depicted in the noise forecast of Ramboll Deutschland GmbH (Elisabeth-Consbruch-Straße 3, 34131 Kassel) of 05.06.2024, Report No. 24-1-3005-000-NRM.

As input data, the upper confidence interval limits of the measured Octave sound power level Lo,Okt,Vermessung of the Wind-BIN that has the highest immission-related assessment level generated, is to be applied. Proof of commencement of night-time operation shall be deemed to have been provided if the partial immission values thus determined for the individual WEA concerned do not exceed the partial immission levels for it as determined in the noise forecast of Ramboll Deutschland GmbH (Elisabeth-Consbruch-Straße 3, 34131 Kassel) of 05.06.2024, Report No. 24-1-3005-000-NRM, listed in Annex Part I (p. 33-35)exceed.

Night-time operation shall be permitted following positive verification and approval by the supervisory authority (Environmental Office at the office of the District Administrator of the Oberbergischer Kreis – Range

 

Immission Control) in the operating mode with the associated maximum output and rotational speed on which the submitted acoustic report is based.

Until a report on the type measurement is submitted, night-time operation may commence if the WEA (wind turbines) are operated on a transitional basis during night-time in the following noise-reduced operating mode:

WEA 1           Mode: OM-NR-04-1

WEA 2           Mode: OM-NR-04-1

WEA 3           Mode: OM-NR-08-1

If tonal noise on the immission side is detected during the transitional night-time operation, the transitional night-time operation must be discontinued immediately. WEA are considered tonal if, under the TA Lärm (Technical Instructions on Noise), a tonal surcharge of 3 dB or 6 dB is to be applied.

Re III.7 Nature and Landscape Protection

Ancillary provision 7.1 of the approval dated 23.01.2025 is replaced by the following wording:

The Landscape Management Accompanying Plan (Landschaftspflegerischer Begleitplan, LBP) prepared by the firm Ecoda GmbH & Co.KG for the wind energy project at the "Vogelberg" site (municipality of Lindlar, Oberbergischer Kreis) comprising 3 WEA, dated 18.11.2024, together with the supplement of 13.12.2024 and the supplement of 05.11.2025, forms part of the approval. In particular, these are the measures listed in Chapter 6.2 of the LBP for compensating the intervention:

Afforestation of 2 fertilised (mown) pastures (in the cadastral district of Breun, parcel section 50, parcel 43, and in the cadastral district of Klüppelberg, parcel section 60, parcel 92)

as well as the measures described in Chapter 2.2 of the supplement dated 05.11.2025 for compensating the intervention:

Development of dry tall-herb vegetation on the permanently cleared areas and afforestation of the temporarily cleared areas with habitat-typical woody species for the development of the target biotope beech-oak mixed forest (AB1, Lrt100, ta3-5, m) in accordance with forest development type 12 (WET 12-Eiche-beech/hornbeam).

Re III.9 Forestry Law

The   Ancillary Provisions   of the   Permit   of   23.01.2025        will be                        at supplemented by the following point:

9.7The commencement of the forest conversion (clearing = removal of topsoil and root stumps from the forest area) for the WEA areas must be notified to the Regionalforstamt Bergisches Land (Bergisches Land Regional Forestry Office) at least one week before commencement.

  1. Notice of Legal Remedies

An action against the decision may be brought before the Higher Administrative Court of North Rhine-Westphalia (Oberverwaltungsgericht NRW), seated in Münster, within one month of notification.

  1. Notes pursuant to § 21a of the 9th BImSchV in conjunction with § 10 para. 8 BImSchG

The approval notice together with the statement of reasons is available from 29.05.2026 to 12.06.2026 (each inclusive) at the district administration of the Oberbergischer Kreis, Lower Immission Control Authority, Moltkestr. 42, 51643 Gummersbach, during office hours:

 

for inspection Mondays to Fridays 08:00 - 12:00, Mondays to Wednesdays 13:00 - 16:00, and Thursdays 13:00 - 17:30.

Important Note:Inspection is only possible by prior telephone appointment (telephone registration and the option of arranging an individual appointment for inspection at Tel. 02261 88 6726).

This announcement text as well as the approval notice, including its statement of reasons, are available on the website of the Oberbergischer Kreis, District Administrator, Moltkestr. 42, 51643 Gummersbach, at Oberbergischer Kreis: Approval Procedure available for inspection.

Pursuant to § 10 (8) sentence 8 BImSchG, the decision shall also be deemed to have been served on the end of the inspection period on third parties who have not raised any objection.

The District Administrator

- Lower Immission Control Authority

By order sgd.

Schatschneider