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Fear of possession being taken away by Brabant stable requirements

1 December 2022 - Klaas van der Horst

The province of North Brabant must remove the requirements for low-emission stables now that there is so much uncertainty about the effectiveness and legal sustainability of these systems, the Stikstofclaim Foundation (SSC) stated in a repeated demand to the province of North Brabant.

The demand is all the more unreasonable since there are rulings, especially the Porthos ruling, which effectively amounts to forced relinquishment of property, says SSC. After all, a new permit is required for a new barn, but at the time of the permit application, the latent space is discussed. Threaten with that the Brabant demands to come into conflict with the provisions on property rights, as laid down in the ECHR (European Convention on Human Rights), according to SSC. Therefore Articles 2.66 and 2.69 should be suspended or deleted. The organization states that it will hold the province responsible otherwise. The Province of North Brabant has not yet responded to the new situation.

No own action PAS reporters
SSC also warns PAS reporters and interim workers not to take action themselves and to legalize it. The PAS reporters and interim workers then threaten to end up in a situation where their 'legalization process at their own expense' backfires on themselves and that this then leads to new disappointments. Responsibility for a solution should be left where it lies. Otherwise, the risk of new lawsuits by anti-livestock groups is huge, says SSC. 

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Klaas van der Horst

He is a dairy market specialist at DCA Market Intelligence. He researches market news and trends and interprets developments.

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