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Council of State: Pasture grazing not subject to a permit

12 October 2022 - Klaas van der Horst

No permit is required for grazing cows. Grazing and cow manure in the pasture cause considerably fewer emissions than stalling livestock and spreading manure from a storage facility.

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This is what the Council of State distinct identity. in a case brought by the MOB cooperative and the Vereniging Leefmilieu, both from Nijmegen, against a cattle farmer in Baambrugge.

Farmers' organizations are relieved and happy about this very extensive statement. MOB and the Environment Association had previously successfully contested the granting of an environmental permit to the livestock farmer.

The Council of State is largely correcting that ruling from 2021. For example, according to the council, the lower court erroneously assumed the actual situation at the company at the time and not the situation already permitted at the time.

With regard to grazing in itself, the Council of State refers to an earlier statement of its own, in which it is stated that raising cattle and grazing are one inseparable project, and therefore cannot be seen in isolation from each other. If livestock is allowed, so is grazing. This differs from fertilising, which can be a project in itself.
The Council of State is absolutely positive about grazing with regard to manure and emissions. "Each hour of grazing contributes to both the emission reduction in the barn and in the meadow."

The cattle farmer in Baambrugge has only partly been helped with the appeal decision, because he still has to apply for a new permit. However, a number of uncertainties have already been removed.

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