A Belgian court has annulled a building permit for a chicken coop, putting the PAS nitrogen regulation in jeopardy and potentially causing far-reaching consequences.
For the first time, a Belgian judge suspended a permit solely based on the nitrogen argument. Flemish media are already referring to 'Dutch situations.'
The chicken barn is located close to a valuable natural area that is part of the Natura 2000 network. According to the judge, the Flemish farmer cannot prove that the natural area will not be further damaged by his expansion plans.
Since 80 percent of Belgian Natura 2000 areas suffer from excessive nitrogen, Flanders has, according to the EU, been violating the Habitat Directive for several years.
The Flemish newspaper De Standaard points to the Netherlands, which also tried to bypass the Habitat Directive line with a creative nitrogen accounting method. However, that Dutch 'legal solution' was overturned by the European Court of Justice. As a result, 18,000 projects were halted overnight.
For nuisance permits, Belgium is divided into three zones: red, orange, and green. In red zones, environmental nuisance must be stopped and reduced, while in orange zones it is not allowed to increase.
In the green zones, agricultural companies that want to expand their livestock must specify in an environmental impact report how much their nitrogen emissions will increase. This must be verified by independent experts.
A report is only unnecessary if the expected nitrogen increase remains under five percent. The Permit Disputes Council now rules that a study is always required, regardless of the expected increase. According to the Council, the five percent threshold is not scientifically substantiated.
In response, Flemish Minister Zuhal Demir said that the exact consequences of the ruling are still being analyzed, but she believes it will likely not lead to a complete stop of permits as was the case in the Netherlands.