Dryade appealed to the Council of State against the “GRUP Nelissen Brickworks” in Lanaken. The Regional Spatial Implementation Plan (the “GRUP”) provides for the construction of a gas-fired brick kiln and dryers and causes significant additional nitrogen emissions. The Council of State annuls the GRUP in its ruling today because the impact assessment of the nitrogen emissions is based on outdated figures. Since this also applies to the Nitrogen Decree, it is now in jeopardy.
Nelissen Brickworks wanted to expand its factory in Lanaken with a brick kiln and 11 dryers. To this end, the Flemish Government approved a tailored Regional Spatial Implementation Plan (GRUP) on 26 January 2024. This GRUP assumes gas-fired installations, which leads to more than a doubling of nitrogen emissions.
Outdated KDW’s
In the permitting process, the effects of nitrogen on our nature are assessed based on “critical deposition values” (the “KDW’s”). These are thresholds that indicate how much nitrogen a habitat can withstand. If they are exceeded, the habitat deteriorates. The lower the KDW, the more sensitive the habitat. The KDW are reviewed every 10 years and the last review dates back to 2013. In October 2022, an international report prepared by nitrogen scientists recommended a reduction (and thus tightening) of the KDW for numerous habitats.
In its appeal, Dryade stated that the GRUP was based on the outdated KDW of 2013 as the report from 2022 shows that the lower KDW values should be used. The Council of State supports the assertion that the nitrogen figures from the 2022 report should be used as the best available science and annuls the “GRUP Nelissen Steenfabrieken.”
Nitrogen decree on shaky ground
Dryade made the same argument in numerous other procedures: the expansion of Brussels Airport, the widening of the Brussels Ring, and the procedure against the Nitrogen Decree for the Constitutional Court. As a result of the ruling, all permit granting related to nitrogen appears legally shaky. The Nitrogen Decree is also based on outdated nitrogen figures and is therefore on shaky ground due to this ruling.
“Dryade has been insisting for years that the most recent nitrogen figures should be used in the granting of permits. Together with Natuurpunt and BBL, we wrote to the former Minister of the Environment, Ms. Demir, about this. She did not respond. We urge Minister Brouns to use the new figures for permit granting as soon as possible to avoid legal uncertainty.”, states Dries Verhaeghe, director of Dryade.
Read theruling of the Council of State of 18 June 2025 regarding the GRUP Nelissen Steenfabrieken