The province of Overijssel has to decide again on 29 nitrogen decisions. Cooperative Mobilization for the Environment (MOB) and the Environment Association (VL) had appealed in these cases. This concerns nature permits for livestock farmers, grazing and fertilization without nature permits and not taking action against PAS detectors.
According to the judge, the province also wrongly granted permits for keeping livestock in stables. After all, it cannot be said with certainty that keeping livestock does not affect the Natura 2000 areas. The province has assumed lower nitrogen emissions through low-emission housing systems. The province should not have done that, because there is doubt whether low-emission stables lead to lower nitrogen emissions in these cases. The province must again make a decision about the nature permit applications.
Investigating the effects of grazing and fertilising
The province of Overijssel must investigate whether grazing and fertilization can have significant negative effects on the nearby Natura 2000 areas. Livestock farmers do not need a nature permit from the province for grazing and fertilising. The court finds that the province has insufficiently investigated the consequences.
The court also finds that the province has insufficiently substantiated its decision not to act against the PAS reporters. The province must take new decisions while still determining as precisely as possible what the relevant facts are exactly and providing insight into the consequences of nitrogen emissions on the protected nature areas.
The nature organizations have also asked the court to rule on the nitrogen problem. However, she does not do this because she only looks at matters from a legal point of view.
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