Brabant environmental measures

POV starts lawsuit against North Brabant

21 September 2017 - Bart-Jan van Zandwijk

The Producers Organization Pig Farming (POV) is starting a lawsuit against the province of Noord-Brabant. The POV will announce this on Thursday 21 September.

The POV has instructed Kneppelhout & Korthals Advocaten to initiate legal proceedings on behalf of all members of the POV in the province of Noord-Brabant. Geling Advies and Van Dun Advies will support the POV during the procedure.

Measures lead to a huge cost item

Legal bases unlawful
The Producers Organization Pig Farming finds the measures introduced by the province of Noord-Brabant on 7 July to be unlawful. The Spatial Planning Regulation (including the Brabant Carefulness Score) and the Nature Conservation Regulation force pig farmers to comply with requirements that exceed the statutory requirements. This leads to many additional costs for them. This also creates an unfair market situation compared to other countries and the other provinces in the Netherlands.

The POV claims that it is not allowed to demand these measures. The province of Noord-Brabant wants to use the space that becomes available for economic developments in other sectors. As a result, there is no environmental benefit.

Moreover, the province of Noord-Brabant changes the agreements from the Nitrogen and Natura 2000 Covenant, without the possibility of contradiction. "This is contrary to legal certainty", according to the POV.

File claims
Pig farmers can also file individual claims for damages against the province of Noord-Brabant. Other advocates have also filed lawsuits against the province. These procedures are the same as those of the POV.

 

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