| 1 University of Groningen, the Netherlands/ Department of Administrative Law and Public Administration Hanna Tolsma & Kars de Graaf.

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Presentation transcript:

| 1 University of Groningen, the Netherlands/ Department of Administrative Law and Public Administration Hanna Tolsma & Kars de Graaf “Bending the rules” A Dutch approach to improving the flexible application of environmental standards

“Bending the rules” | 2 Deadlock between environmental protection and area development [ reasearch De Zeeuw et al. ] More flexible application of environmental standards: allow competent authorities the power to deviate from environmental standards (bending the rules) Crisis and Recovery Act 2010: experimental provisions on “development areas” and “innovative projects”

Development areas (Art a CRA) How does it work? ›Areas are designated in ‘Decree implementing CRA’. ›‘if it’t appropriate in particular with a view to strengthening the sustainable spatial and economic development of that area’. ›Limited list of legislation (Noise Abatment Act, Soil Protection Act, Nature Protection Act). ›No deviation from EU Law! ›Temporary deviation with a maximum of 10 years. | 3

Development areas (Art a CRA) ›How applied in practice? ›Experiences : 22 areas designated. ›Designation does not mean that flexibility is used in practice… | 4

Innovative projects (Art. 2.4 CRA) › Experiences : 54 projects designated › Small scale wind turbines in ‘rule free industrial zones’ › No environmental building permit required | 5 What about legal certainty and the safeguarding of legal rights?

Innovative projects (Art. 2.4 CRA) ›How does it work? ›Projects are designated in ‘Decree implementing CRA’ ›Only activities that contribute to innovative developments; combat of the economic crisis and sustainability. ›Limited list of legislation (under which: the Water Act, the General Environmental Law Act and the Spatial Planning Act). ›No deviation from EU law! | 6 What about legal certainty and the safeguarding of legal rights?

Environmental Planning Act (proposal June 2014) ›Provision on experimental projects. ›Provision on development areas did not make it to the final proposal. ›EPA: Flexibility valued over legal certainty…? | 7