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Since the Program Approach to Nitrogen (PAS) was declared invalid by the Council of State in May last year, nitrogen deposition has become a highly discussed topic in the Netherlands. Agriculture, traffic, industry, and the built environment are the main sources of nitrogen emissions and nitrogen deposition. Excessive nitrogen is harmful to nature and our health. At the same time, however, space must remain for new developments. Therefore, nitrogen deposition can cause bottlenecks in spatial developments such as new construction or business expansion.
Many Natura 2000 areas contain habitats sensitive to the acidifying and/or eutrophying effects of nitrogen deposition. In many of these areas, nitrogen deposition is much higher than the critical deposition level (KDW), which is the threshold above which there is a risk that the quality of a habitat will be significantly impaired. These areas are effectively overloaded with nitrogen. Within Europe, targets have been set to protect and maintain these natural areas. These conservation objectives are embedded in the Dutch Nature Conservation Act (Wet natuurbescherming, Wnb).
To enable spatial developments while achieving the conservation objectives of the natural areas, the PAS was introduced in 2015. This made activities involving nitrogen deposition possible. Under the PAS, permits or approvals were granted for such activities. However, on May 29, 2019, the Council of State ruled that the PAS could no longer be used as a basis for approving activities. It was uncertain whether the conservation objectives could indeed be met through the measures under the PAS. All new and not yet irrevocable permits or approvals for projects involving nitrogen deposition became invalid after this ruling.
Previously, the PAS allowed room for new economic developments. For the assessment of potential effects, nitrogen deposition in Natura 2000 areas due to proposed activities must still be quantified. Currently, all activities with a chance of a (significant) negative effect require a permit under the Wnb. If a project causes an increase above 0.00 mol N/ha/year, it cannot be excluded that significant negative effects on the conservation objectives of the relevant Natura 2000 area will occur. Through internal and external offsetting (“salderen”), projects involving a relevant increase in nitrogen deposition can still be made possible. Offsetting balances increases and decreases so that there is ultimately no net significant increase in nitrogen deposition. This is, for example, the case 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 avoided. Offsetting currently forms an important means to achieve permitable situations. However, a project may also lead to a significant increase in nitrogen deposition with no possibility for offsetting. If an increase in nitrogen deposition occurs, an appropriate assessment of the effects on the nature areas or a further consideration of societal necessity (ADC test) must be carried out. Through these instruments, a project might still be made possible.
The aforementioned developments continuously bring new insights and rules. What remains important is how projects can be realized as well 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 may be a significant increase in nitrogen deposition. Using deposition calculations, we then evaluate whether a project can proceed without further measures or whether offsetting might be possible. Based on this, adjustments can be made if necessary, and possible follow-up actions can be determined, such as applying for a permit under the Wnb. We can also take care of this permit application for you.
