State Secretary LVVN must make a new decision within four months on the requested nature permit for Vliehors Range

The State Secretaries of LVVN and Defense and the commander of the Air Combat Command appealed the courts ruling, as did Natuurmonumenten and the Waddenvereniging.

Assessment Framework

The nature permit for the Vliehors Range was granted with the application of internal offsetting. This means that the environmental impacts of the new project at the Vliehors Range were offset against the impacts caused by the old project permitted under the Nuisance Act. Granting a nature permit with internal offsetting is allowed if the conditions set out in the so-called December 18 ruling are met. One of these conditions is that it must be motivated that internal offsetting is not necessary to preserve, restore, or prevent deterioration of protected nature (additionality requirement). However, the State Secretary of LVVN argued that he does not have to meet this requirement because the activities at the Vliehors Range are of fundamental importance to (inter)national security. According to the Administrative Jurisdiction Division, however, this does not exempt the State Secretary from his duty to motivate in the context of the additionality requirement. The very real and significant importance of (inter)national security can play a role in choosing the necessary measures.

New Decision Needed

The court had already annulled the nature permit, and the Administrative Jurisdiction Division confirms that final judgment today, although based on a different reasoning. As a result, the State Secretary of LVVN must make a new decision on the nature permit application of Defense for the Vliehors Range. The Administrative Jurisdiction Division gives the State Secretary four months to do so.

No More Internal Offsetting

At the hearing before the Administrative Jurisdiction Division, both State Secretaries indicated that the new permit will be granted without applying internal offsetting. The State Secretary of Defense has already prepared a new appropriate assessment. New research has also been conducted on the effects of the use of the Vliehors Range on birds. The State Secretary of LVVN will have to assess in his new decision whether, based on these studies, certainty can be obtained that the natural characteristics of the Natura 2000 areas will not be affected. The new decision can be appealed directly to the Administrative Jurisdiction Division.