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Windmills must also be subject to EIA reporting

June 30, 2021 - Jurphaas Lugtenburg

The general standards for noise, cast shadow and safety for the construction and use of wind turbines are not sufficient. Under European law, environmental impacts must also be considered.

Today (Wednesday 30 June) the Council of State made an interim decision in a case about the environmental permit for the construction of 16 wind turbines in Delfzijl. In June 2020, the European Court ruled in a case about a Belgian wind farm that an environmental assessment must be made for a number of wind turbine standards on the basis of the European Directive for Strategic Environmental Assessment.

Objectors to the wind farm in Delfzijl referred to this Nevele judgment, which, in their view, also has consequences for the Dutch standards that have been laid down. The Council of State comes to the conclusion that an environmental assessment should indeed have been made for the Dutch wind turbine standards.

Fear of delay
The ruling does not mean that no new decisions can be made about wind turbines. Municipalities can set their own standards in a zoning plan, as long as these are well substantiated.

The Dutch Wind Energy Association (NWEA) is relieved that the Council of State has rendered a decision quickly and that there is now clarity for all parties. The NWEA concludes on the basis of the ruling that wind turbines must undergo an EIA procedure. "It is now up to the government to tackle this energetically," the NWEA said on its website. "The wind sector is calling for speed here, so that procedures for new projects do not cause long and unnecessary delays. We are happy to discuss with the government how delays and financial risks for current projects can be limited as much as possible."

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Jurphaas Lugtenburg

He is a market specialist in grains and other agricultural commodities at DCA Market Intelligence. He also focuses on onions, potatoes, and roughage. Jurphaas also runs an arable farm in Voorne-Putten (South Holland).

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