The environmental association Dryade has lodged an appeal with the Council for Permit Disputes against a new golf project in Knokke. The reason? The absence of a study on nitrogen emissions during the construction and operation of the golf complex. The construction project is located 400 metres from a protected nature reserve, but the effects of nitrogen emissions have not been investigated in the application file. Dryade requests that from now on, all construction projects or developments near nature reserves include an assessment of the nitrogen impact.
1350 parking spaces for hotel and 120 hectares of golf course
The golf complex is a project by entrepreneur Paul Gheysen. It consists of a 120-hectare golf course, a hotel, and a parking area with 1350 spaces. Significant nitrogen emissions are expected during the construction. Additionally, permanent nitrogen will be emitted during operation due to traffic to and from the estate.
Remarkable advice from ANB
Normally, the impact of additional nitrogen emissions from such projects must be assessed through an impact assessment. Remarkably, this has not happened here. The planning application file even contains a recommendation from the Agency for Nature and Forests (ANB) stating that an impact assessment would not be necessary. This is striking, as just a few months ago the ANB claimed the opposite for a land subdivision in Oostduinkerke. In that case, the agency issued a negative recommendation and emphasised that nitrogen emissions needed to be investigated. That development involved a mere 12 plots of building land.
The Dutch Council of State orders a nitrogen study
The legal issues surrounding nitrogen pollution in the Netherlands are very similar to those in Flanders, and have been dragging on there for several years longer. And what has emerged? At the end of 2022, the Dutch Council of State ruled that nitrogen emissions from construction projects must also be assessed. Until then, a so-called ‘construction exemption’ applied, under which the construction sector was not obliged to investigate the nitrogen impact. That exemption has now been rejected.
Preliminary assessment: certainty for property developers
In the case of housing developments and large-scale construction projects, the impact of nitrogen in Flanders is not usually assessed. “Unjustifiably so,” says Dries Verhaeghe of Dryade. “Construction sites and traffic also contribute to nitrogen pollution. The impact on nature must be assessed in advance.” The association is calling on the Flemish government to develop a preliminary assessment to enable project developers to determine whether a nitrogen study is required. This should be based on the number of flats and homes built and the distance to the nature reserve. On that basis, a decision can be made as to whether or not an impact assessment is necessary. This would prevent legal uncertainty for developers.