Since May 29, 2019, nitrogen issues have made it difficult for spatial developments to go ahead. Two recent measures allow some projects to get back on track. First, nitrogen calculations are not required as often as before. In addition, a nitrogen registration system has come into effect.
Not always nitrogen calculation required
If the nitrogen deposition of your project exceeds 0.00 mol/ha/yr on a natural area with a nitrogen-sensitive habitat, and the critical deposition value has already been reached, a nature permit is required. In order to demonstrate that the nitrogen deposition does not exceed 0.00 mol/ha/yr, an AERIUS calculation had to be submitted until now. The latter is no longer always required. This exception applies only to housing developments for the time being.
The central government has made available the ‘Handreiking woningbouw en AERIUS‘. This guide provides some rules of thumb for determining whether a project is exempt from the permit requirement and also whether an AERIUS calculation can be omitted.
In summary, the rules of thumb imply that for a maximum of 50 low-rise dwellings built on sandy soil at a minimum distance of 7 km from a Natura 2000 site, nitrogen deposition under average conditions does not exceed 0.00 mol/ha/yr. For cases that do not comply with this, for example housing projects at a shorter distance from a Natura 2000 site and/or for the construction of more than 50 low-rise houses, the AERIUS calculation remains necessary.
Nitrogen registration system in effect
Since March 24, the Emergency Approach to Nitrogen Construction and Infrastructure Regulations have been in effect. This makes it possible to obtain a nature using a nitrogen registration system. The necessary nitrogen space was obtained by lowering the maximum speed limit on freeways. 70% of the released nitrogen space can be used again. The nitrogen space is distributed on a first-come, first-served basis. However, during the first two weeks after March 24 (i.e. until April 7), the available space will only be used for housing projects in so-called ‘housing deal regions’. In the following four weeks, the space will also become available for projects outside those regions, with a minimum of 100 housing units. After six weeks, the nitrogen space then remaining will be available for all other housing projects. Other projects are not yet eligible for nitrogen space from the nitrogen registration system.
An application for a nature permit can be submitted now. Due to the limited amount of nitrogen space and given the distribution principle of “first come, first served,” it is wise to submit your application as soon as possible.
Other possibilities
There are other possibilities for a project to go ahead. With an ecological test it can be substantiated that no nature permission is needed, even if the nitrogen deposition increases. The possibilities for internal and external netting can also be used to obtain a nature permit. In special cases, the so-called ADC test can also be applied.
