Calculating nitrogen: the 25km cut-off limit holds!
The State Council today issued the long-awaited ruling on the 25-kilometer cut-off limit when calculating the nitrogen impacts of a project. The verdict: the 25 kilometer limit is acceptable.
Background
The case concerns the planning procedures order A12/A15 Ressen-Oudbroeken (ViA15). Earlier, the Council of State ruled in its interlocutory ruling that the Minister of Infrastructure and Water Management had insufficiently substantiated that traffic at a distance of more than 5 kilometers could be disregarded. The minister therefore chose a distance of 25 kilometers and made new calculations based on that. This distance of 25 kilometers was then also implemented in the AERIUS Calculator. All nitrogen calculations made for a project from January 20, 2022 onwards were therefore always based on this "cut-off limit." The possible consequences of the final decision therefore extend far beyond ViA15.
Judgment of the Council of State
In its final ruling, the Council of State now finds - in short - that the minister properly justified the 25-km limit with several scientific reports.
To arrive at this judgment, the Council of State first addresses the question of whether a delimitation in calculation distance is necessary. The answer is affirmative. There is a scientific need for a limit in calculation distance for individual source calculations. The next question is where that limit lies. The Council of State rules that the deposition contribution of a project at more than 25 km is no longer attributable to that project. This is because the uncertainty in model results of nitrogen deposition further than 25 km from an emission source is large and increases with distance. Depositions beyond the 25 km limit are part of the total deposition in the Netherlands, according to the Council of State. The 25 km limit therefore holds.
Consequences?
The ruling is a small boost for anyone facing nitrogen issues. Because the 25 km limit is sufficient, AERIUS does not need to be adjusted and no new calculations need to be made. In short: this ruling will not cause further nitrogen delays.
See the link to the State Council ruling here.
Are you running into nitrogen problems - despite this boost - for your project? Our Environmental Law Section will of course be happy to help you!