Tillståndsprocessen för havsbaserad vindkraft : Försvarsmaktens tillstyrkan och det kommunala vetot

Sammanfattning: This thesis examines the Swedish permit process regarding offshore wind power.Even though Sweden has quite beneficial conditions for the use of offshore wind power, few turbines and facilities are in use or being built. The aim of this thesis is to give a systematic view of the permit process and in that way examine and point to any dysfunctionalities within the application process, and if the processmight impede business practitioners, who wishes to establish offshore wind power parks of doing so.To achieve the set goal of fossil free electricity, the usage and expansion of wind power might be necessary as well as combating climate change. Within the thesis the prerequisites for offshore wind power are described and analyzed, in order to point to why the number of offshore wind turbines might be so low, in connection to Swedish legislation. The application process for wind power permits is investigated in regard to the basic provisions of the Environmental Code, as well as sector-specific legislation. In doing so the thesis discusses the fragmentary structure which characterizes the application process. The complexity of the application process leads to an indefensible time-consuming process for the granting of a permit, a process that will likely need to change for Sweden to be able to achieve the goals of fossil free electricity as well as comply with EU regulatory requirements. The focus of the thesis consists of the municipal endorsement as well as the endorsement of the Swedish Armed Forces, in order to give the thesis depth these instruments are further examined and discussed in a de lege ferenda-manner with arguments from both Swedish and Danish legislation. The thesis concludes with a discussion on whether the permit and application process promote further growth of the Swedish offshore wind power industry, and in what way the process might be required to change going forward to comply with set climate goals as well as international regulatory changes.