PAS ruling by the Council of State calls for an integrated approach

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Recently, the Council of State made a ruling on the Dutch government’s PAS programme that will affect many initiatives in the Netherlands. The Council’s Administrative Jurisdiction Division determined that PAS (the government’s Integrated Approach to Nitrogen programme) was in breach of European law. As a result, it can no longer be used as a basis for granting permits. Also, only those projects with an irrevocable Nature Conservation Act permit may continue using their PAS permits.

Before any planned activities can go ahead, the potential for nitrogen deposition and its effect on protected natural sites needs to be calculated. For projects involving nitrogen deposition that do not have a permit, an ecological substantiation must be provided. In certain cases, this may take the form of a supplement; in others, applications will have to be resubmitted.

Many conceivable solutions

In recent years working with clients on various projects, Witteveen+Bos has built up experience with various possible solutions, such as the successes of ADC tests and external netting. Practice has shown that various outcomes are conceivable, from mitigating the effects of nitrogen to developing entirely different solutions which emit far less nitrogen or none at all.

Whether it be nitrogen deposition calculationsenvironment and planning law and permitsecology, or planning studies, Witteveen+Bos has all the relevant disciplines and knowledge in house to conduct the complex processes involved. This enables us to take an integrated approach and work with clients to create action plans for new or existing nitrogen projects.

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