The Council of State had asked the European Court of Justice for an opinion on nitrogen policy. 0000001036 00000 n While we do expect new rules on nitrogen deposition to be drafted, the content of a new legal framework is unclear. The irrevocability of all permits underlying financed assets should be a condition precedent to any financing offered. 0000002304 00000 n The cases ended up in the Court of Justice of the European Union, which last year ruled against the government and criticized the permit system for not ensuring immediate nitrogen reductions. Biesbosch and Oostvaardersplassen are protected areas, Earlier judgment of the European Court is confirmed. 0000000016 00000 n The APN framework is therefore annulled. 0000127151 00000 n %PDF-1.4 %���� It ruled that in principle the framework could be in accordance with the European legal framework, provided that the assessment used and input (emission bank) is thorough and there is absolute scientifically substantiated evidence there is no reasonable doubt that an envisaged project or activity will not have negative effects for the related conservation areas. %PDF-1.5 Pending and non-irrevocable decisions and permits based on the APN will have an almost certain risk of being revoked, annulled or denied.
Your contributions make this possible. It is a long one but the “highlights” include: “1. Lease termination options in case of statutory non-compliance of the property should also be considered. 91 37 background/baseline nitrogen deposition rates and NOx concentrations in air quality modelling, in light of the CJEU ruling in Coöperatie Mobilisation1, otherwise known as the ‘Dutch Nitrogen’ cases; 2) The Implications of proposals to expand visitor numbers to RHS Wisley for The European legal test basically applies to all negative effects for nature conservation areas that arise from a certain project or activity. On May 29th, the Dutch Council of State ruled that the active Dutch nitrogen policy, “Programma Aanpak Stikstof” (PAS) (active since July 1st, 2015), conflicted with the European Habitat Directive (directive 92/43/EEG), and could no longer be used to grant permits .Since then, many construction projects have been put on hold. The Dutch court's decision on nitrogen emissions. The main concern was whether the Dutch government could implement a general assessment (passende beoordeling) that also included (as yet unknown) future and autonomous positive nitrogen emission effects in order to create a national emission bank, without requiring a specific assessment for each individual activity or project to assess if a permit was required. Major impacts are also expected on the agricultural sector, which is responsible for 45% of NO and NO2 emissions, and even an impact on speed limits on Dutch highways: these will have to be reduced from 130 kmph to 120 or even 100 kmph. Milieudefensie calls the statement "good news for nature, the climate and our health". Nitrogen policy plays a role in various court cases involving major projects on motorways.
At a first glance this may seem a minor issue, but its impact on nitrogen emissions and our sector should not be underestimated, especially for parties considering investments in the Netherlands.
In Amsterdam in particular, council charges for land and rules on rent increases, have led to a sharp decline in building projects and many developers are turning their backs on the capital. The Dutch real estate sector has its own challenges, despite the fact that the market is performing well. As the Dutch government tries to comply with a court order to cut nitrogen pollution, hundreds of angry farmers hit The Hague in protest. 1 The mole is the base unit of amount of substance in the System International (SI) defined as exactly 6.02214076×1023 particles e.g. The government is planning to earmark billions of euros in its 2020 spending plans to try to solve problems in the Dutch housing market, the Volkskrant said on Thursday. European Habitat Council Directive, Directive 92/43 EEG) that must also be implemented at a national member state level. This includes: "The court decision on nitrogen could influence potential investments and so the operation and value of Dutch real estate, affecting investment decisions and due diligence for every party involved in the sector.". This is due to the fact that, in retrospect, these activities or projects require a permit and are no longer covered under the thresholds stipulated by the APN. Protecting the environment has always been a key policy goal for the European Union, and now includes further developing a European network of conservation areas to protect specific wildlife and habitats. Greenpeace calls the Council of State's destruction of Dutch nitrogen policy "groundbreaking". Property owners should have a full overview of their portfolio and especially assets that were developed or commissioned as of 2015. xref In addition, officials are looking into the option of taxing landlords and investors when they buy new property, and at a further cut to mortgage interest deductions, the paper said. The organization calls on the government to "not come up with new tricks to bypass European rules". The problem with this approach is that it is not at all clear beforehand whether the measures work. News ... D66 claims agriculture is responsible for 70% of Dutch nitrogen emissions, blaming intensive livestock farming for most of the problems. Dutch Nitrogen tests.
The PAS permits must be issued for construction projects and farms in the vicinity of protected nature areas, so-called Natura 2000 areas.
The Dutch high court implemented the ruling in May, halting all permit applications. This, officials hope, would encourage the corporations to start building middle income homes again. 127 0 obj <>stream DLA Piper is a global law firm operating through various separate and distinct legal entities. On the basis of the PAS, governments gave permission for all kinds of activities in which nitrogen is emitted. For example, for the construction of a road or the construction of a livestock farm. 0000010687 00000 n The economic impact of the nitrogen case is already visible and initially estimated at EUR 14 billion due to potentially annulled or delayed projects.2 This court decision is currently seen as one the biggest risks within the Dutch real estate and infrastructure market.
On November 7, 2018 the ECJ answered these questions. Following high publicity cases contesting its lackluster approach to meeting its own, European and international goals on sustainability and the environment, the state is now faced with several court orders requiring it to expedite efforts to reduce CO2 emissions (Urgenda case) and apply, in stricter ways, European requirements to limit emissions of Nitrogen Monoxide (NO) and Nitrogen Dioxide (NO2) and their negative effects on flora and fauna in Natura 2000 nature conservation areas. While the regulations accord specific parties clear obligations that affect them directly, the indirect effects of these obligations – as well as identifying the persons responsible for taking the measures required – may be even more substantial.
The proposed Neighbourhood Development Plans do not undermine or change this and in screening the NDPs, the proper application under current case law of … Compensation measures can be used to set off/compensate the established negative effects in general; for example, planting and creating new nature area outside the related nature conservation area. startxref According to the organization, a "serious sustainability of agriculture" is unavoidable as a result of the ruling. Livestock farming emits the most nitrogen in the form of ammonia. This court decision will have serious ramifications for the real estate sector and all its players. The Dutch government is increasingly confronted by public litigation in sustainability, environmental and societal issues. For example, when building sheds, this means that the nitrogen-rich air must leave the shed purified. The measures have been prompted by the realisation that more needs to be done to solve the shortage of affordable homes in the Netherlands and to slow down the rise in house prices. Compliance with it is a fundamental requirement before any permission could be granted. Housing development in South Hampshire and Herefordshire has been halted due to Natural England updating its legal advice following a European Court of Justice ruling known as the Dutch case. Lenders may consider developing products that cater to redevelopment or upgrading of non-compliant real estate. Therefore the actual solutions and outcomes remain unclear. Your financial support has helped us to expand our coverage of the coronavirus crisis into the evenings and weekends and make sure you are kept up to date with the latest developments.
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