On November 25, 2010, the Minister of Nature and Nitrogen stated in a letter to the House of Representatives that restrictions will be imposed on the use of latent space. Indeed, this commissioning may have a deteriorating effect on Natura 2000 areas. Policy rules will further regulate this when a permit requirement is introduced for internal compensation (planned for 1 January 2024).
This article appeared on alfa.nl
However, the question is whether changing the law is the only way to limit the use of latent space. of a pronunciation of the Regional Court of East Brabant of 24 November 2001, it appears that the law on the protection of nature has the power to withdraw a nature permit, in whole or in part, in order to prevent the use of an area latent if this use has a deteriorating effect on Natura 2000 areas.
An unrealized animal shelter
The aforementioned order relates to a nature permit for, among other things, an animal enclosure which has not yet been completed. The commissioning of these housings leads to a (mitigated) increase in nitrogen deposition. A conservation organization had requested the withdrawal of the permit for this animal accommodation in order to prevent (further) deterioration of a Natura 2000 area. The province rejected this request.
The Nature Protection Act contains the power to (partially) withdraw a nature permit in order to prevent the deterioration of Natura 2000 areas. When applying this power, there is no room for weighing interests (interest of the holder versus interest of nature). However, it is possible not to withdraw if other measures are taken to prevent deterioration.
The court ruled that the province had wrongly rejected the request, because it was not sufficiently clear whether measures other than withdrawal would prevent (further) deterioration of Natura 2000 areas.
The ruling clarifies that the Nature Conservation Act has the power to withdraw granted nature protection permits. This power should be applied if it is not clear what the effects of measures other than setback will be on preventing the deterioration of Natura 2000 areas.
In view of the judgment, it is important to assess whether a granted nature permit contains latent space and how this space can still be used. At Alfa we can help you from the nearest Desk.
For the news of the nitrogen file, you can consult the Nitrogen page of
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