The Dutch cabinet is deeply concerned about the consequences of a ruling by the Council of State last month. As reported by sources in The Hague, the cabinet will decide tomorrow to establish a ministerial committee in response.
The decision by the Council of State has retroactively rendered several construction projects, including new residential areas, illegal. These projects had bypassed permit requirements through a practice called ‘internal balancing,’ which the Council of State has now invalidated.
Internal balancing allowed companies with permits for certain nitrogen emissions to use leftover emission capacity for other projects without needing a new permit. The ruling affects projects undertaken since 2020.
A ministerial committee is often formed for complex issues that span multiple ministries, such as the nitrogen ruling, impacting various departments. Typically, the prime minister leads these committees.
The recent ruling has also caused unrest within provinces. According to agricultural magazine Boerderij, at least 460 companies in Groningen, Gelderland, and Friesland are now found to require permits.
This number is expected to rise as provinces continue their assessments. The potential impact of the Council’s ruling is significant, as demonstrated by a 2019 verdict halting approximately 18,000 projects due to non-compliance with European nitrogen regulations.
Last year, the Midden-Nederland court urged Agriculture Minister Wiersma to expedite solutions for the nitrogen issue. The House of Representatives also called for more concrete plans to reduce emissions.
Minister Wiersma promised to provide more clarity by late January or early February.
Source: NOS