Villanueva de Oscos Sets a Milestone by Rejecting a Wind Park
The municipality of Villanueva de Oscos in Asturias became the first in the region to turn down a wind project on its own lands. The Asturias Supreme Court of Justice (TSJA) upheld the town council’s decision to oppose the initial approval of the Escorpio wind park, a plan proposing six turbines, citing its proximity to the town, concerns about acoustic and visual impact, and the growing number of wind installations in the area.
The project’s backers, a company under the Capital Energy group, filed for initial approval of the Escorpio park in May 2018. In the text of the case, there was little appetite for such a facility within the county’s planning framework, especially in southwestern Asturias where wind energy is frequently discussed; technical uncertainties added to the doubts. The Villanueva de Oscos City Council had been slow to respond, unlike neighboring councils that acted more swiftly on other initiatives. The wind park owners believed that positive silence would work in their favor, but in May 2021, three years after the request, the City Council voted to reject the initial approval of the Es Scorpio plan.
The wind park owners challenged the council’s ruling through a contentious administrative appeal. The TSJA rejected the appeal, highlighting that while positive silence is a generally accepted administrative principle, it does not apply to approving planning tools. The court also noted that the motivation for rejection was explicit and unambiguous and rejected claims that the decision was flawed by concerns about opportunity rather than legal grounds.
Local authorities argued that the proposed 19.8-megawatt park would be located too close to the town center, resulting in significant acoustic and visual impact for residents and services. The significance of nearby landmarks weighed heavily, including the Santa Maria church and cloister, a 12th-century Cultural Interest Property. The Living Way of the Cross festival, hosted at that site, already contributes to the region’s tourism profile. In addition, the project’s backers pointed to the overall concentration of wind installations in the area, noting that Villanueva de Oscos already hosts three proposals and several more in the Oscos-Eo region.
Analysts familiar with administrative law observed that the local councils have a degree of discretion to resist wind projects, ensuring planning tools do not impose an arrangement that cannot be revised. Alejandro Huergo, an Administrative Law professor associated with the University of Oviedo Foundation, commented that the ruling confirmed the councils’ margin of maneuver in planning decisions, allowing them to scrutinize projects before they are accepted.
Representatives from Capital Energy indicated openness to next steps and potential solutions that would satisfy all parties. They emphasized that the Escorpio project carried a positive impact assessment and favorable reports from Cultural Heritage, and that it complied with regulations by locating the facility more than two kilometers from the town center. The statement suggested that alternative routes or adjustments could be explored to balance development with local concerns.
In sum, the Escorpio case illustrates how local planning autonomy, heritage considerations, and community impact play a decisive role in wind energy decisions within Asturias. The Asturian countryside remains a focal point for energy development, but communities retain significant influence over the scale and placement of projects that touch their daily lives and historic landscapes.