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Since the Nitrogen Action Programme (PAS) was declared invalid by the Council of State in May last year, nitrogen deposition has been a much-discussed topic in the Netherlands. Agriculture, traffic, industry and the built environment are the main sources of nitrogen emissions and nitrogen deposition. Too much nitrogen is bad for nature and our health. At the same time, however, there must remain room for new developments. Nitrogen deposition can therefore cause bottlenecks in spatial development, such as new construction or business expansion.
Many Natura 2000 areas contain habitats that are sensitive to the acidifying and/or fertilising effects of nitrogen deposition. In many of these areas, nitrogen deposition is much higher than the critical deposition value (KDW), which is the limit above which there is a risk of significant damage to the quality of a habitat. These areas are, as it were, overloaded with nitrogen. Within Europe, targets have been set for the protection and conservation of these nature areas. These conservation targets are enshrined in the Nature Conservation Act (Wnb).
The PAS was established in 2015 to enable spatial developments while also achieving the conservation objectives for nature areas. It allowed activities that involved nitrogen deposition to be carried out. Permits or authorisations for such activities were granted on the basis of the PAS. However, on 29 May 2019, the Council of State ruled that the PAS could no longer be used as a basis for granting permission for activities. This was because it was uncertain whether the nature conservation objectives could be achieved through the measures set out in the PAS. All new and not yet irrevocable permits or authorisation decisions for projects involving nitrogen deposition were no longer valid after this ruling.
Previously, the PAS provided scope for new economic developments. For the purpose of assessing the potential effects, nitrogen deposition in Natura 2000 areas due to planned activities still needs to be quantified. However, all activities with a chance of a (significant) negative impact currently require a permit under the Wnb. If a project causes an increase above 0.00 mol N/ha/year, it cannot be ruled out that there will be significant negative effects on the conservation objective of the Natura 2000 area in question. Internal and external offsetting can be used to enable projects that involve a relevant increase in nitrogen deposition. Offsetting involves balancing increases and decreases, so that ultimately there is no significant net increase in nitrogen deposition. This is the case, for example, with a business expansion, where outdated processes within the company are replaced by newer and “cleaner” processes.
In this way, negative effects on Natura 2000 areas can be ruled out. Currently, offsetting is an important means of achieving permissible situations. However, it may also be the case that a project leads to a significant increase in nitrogen deposition, but there are no possibilities for offsetting. If there is an increase in nitrogen deposition, an appropriate assessment of the effects on nature areas or a further consideration of the social necessity (ADC test) must be carried out. These instruments may still make a project possible.
The above developments are constantly bringing new insights and rules. It remains important to realise projects as effectively as possible within the framework of the Wnb. Peutz can advise you on this. At an early stage of the project or plan, we can assess whether there is a significant increase in nitrogen deposition. We then use deposition calculations to assess whether a project can go ahead without further ado or whether it may be possible to offset the impact. Based on this, adjustments can be made if necessary and we can determine possible follow-up actions, such as applying for a permit under the Wnb. We can also take care of this permit application for you.
