The recent decision by the Council of State regarding nitrogen emissions had a significant impact on various sectors, creating further uncertainty in the existing nitrogen issue. The ruling restricts the internal balancing of nitrogen emissions.
Previously, businesses with permits for a certain amount of nitrogen emissions could use any unused capacity for other nitrogen-emitting activities. This included adding facilities or upgrading installations under the same permit.
However, the decision now retroactively affects activities conducted since 2020, declaring them illegal without the proper permits. According to the farmers’ organization Agractie, affected businesses must now apply for permits, questioning their ability to obtain them.
Arno Visser, chairman of Bouwend Nederland, noted the difficulty in assessing how many projects are impacted, as no records of applied internal balancing exist. Minister Wiersma of Agriculture acknowledged the substantial effects on housing, infrastructure, and other sectors requiring nature permits.
The minister plans to submit initial policy proposals to the House of Representatives by the end of January to address these concerns. The Council of State has established a transition period until January 1, 2030, giving companies five years to adjust their permits.
Visser emphasized the complexity of this process, citing a lack of centralized records and insufficient staffing at municipalities and provinces to manage these changes, leading to delays and uncertainty.
Source: NOS