An individual sought a permit matter for a private sanitation facility. In the assessment by the Environmental Court of Appeal, the requirement to promote sustainable development was central as well as the national environmental target “no eutrophication”.

Since a more holistic view must be applied when promoting sustainable development, the Environmental Court of Appeal did not only assess the effects of granting this specific permit, but also based its judgment on what would be the impact on the environment if granting these types of permits in the archipelagos bordering to the Baltic Sea became the general rule. Thus, the combined possible emissions of the properties in the archipelago were the basis for the judgment, and the Court found that the risk was too great that the environment would be harmed.

The Environmental Court of Appeal also stressed that there were other, more sustainable solutions to the issue.