The Province of South Holland is appealing against a decision of the municipality of Nissewaard because the municipal council has refused to grant a permit for the installation of 5 wind turbines on the Brielse Maasdijk. According to the province, the refusal is contrary to the law and goes against previous agreements. An overview of the events that preceded this.
"NedZero regrets the refusal of the municipality of Nissewaard to issue a permit for a carefully planned wind project. This makes it even more difficult to meet the joint agreements for wind energy in Zuid-Holland. We therefore support the move by the province of South Holland to appeal against this."
Agreements on wind energy within the Province of South Holland
Within the province of Zuid-Holland, agreements have been made about how much each region contributes to the national energy targets. For the Rijnmond region, the municipalities and province of South Holland have agreed to build at least 150 Mega Watts of wind energy in 2020. This is laid down in the Convenant Realisatie Windenergie Stadsregio Rotterdam 2012 which was signed by the Province of South Holland, concerning municipalities, the Nature and Environment Federation and NedZero (then NWEA). This covenant has been extended until 31 December 2025.
In addition, municipalities and provinces have made agreements on sustainable energy that are laid down in the Regionale energiestrategie Rotterdam Den Haag (RES).
The municipality of Nissewaard has also committed itself to the regional wind energy agreements. In 2017, together with the City Council, the Brielse Maasdijk area was put forward as a search location. It was then agreed with the province to build at least 18 MW of wind energy here by the end of 2025.
The company HVC Landwind, in collaboration with the Municipality of Nissewaard and the Cooperative Association Voorne Putten Energie, wants to build five wind turbines on this site. Three on the west side and two on the east side of the Hartel Bridge. In December 2022, the company applied for a permit from the municipality for the installation of 5 wind turbines on the Brielse Maasdijk.
Province appeals
According to the Municipal Executive of Nissewaard - and also the province - the permit application meets all legal requirements: there is good spatial planning and the application can guarantee a good living environment for local residents in view of strict local environmental nuisance regulations. The municipal executive had therefore advised the city council to grant the permit. However, the council refused to do so on 9 October.
Subsequently, on 16 October, the Municipal Executive took a refusal decision on the requested environmental permit. Because the province believes that the municipality must also comply with the due diligence requirements, motivation requirements and agreements made, it appeals against Nissewaard's decision to the Council of State.
By not issuing the permit, no wind energy will be realized. In doing so, the council is acting against its own – unanimous – decision to contribute at least 18 MW of wind energy to the regional tasking. With the refusal, the agreements for the generation of wind energy in the region (Rijnmond wind covenant) are also not being fulfilled and therefore more will be on the plate of the regional municipalities.
A robust, future-proof and affordable energy supply is essential for the economy and a prerequisite for society as a whole. The island of Voorne-Putten, where Nissewaard is located, has energy problems. More (wind) energy is desperately needed in this region. The municipal council's refusal is therefore at the expense of residents, businesses, neighbouring municipalities and the business climate.
Continuation
The notice of appeal was filed with the Council of State on 27 November 2024. The procedure falls under the Crisis and Recovery Act, which means that this case will be dealt with as a matter of priority. In their letter to the municipality, the Provincial Executive emphasizes that they regret having to take this step. The province will soon consult with the municipality about the new situation. In that consultation, the province also wants to discuss with the municipality how it sees its role in achieving the regional energy agreements that were made earlier.
For more information on what preceded it: Windenergie Nissewaard
HVC Landwind
Interested parties, such as HVC Landwind, have the opportunity to appeal to the Council of State within six weeks of the refusal decision.
HVC has made use of this. The six-week appeal period has now expired.
For the most up-to-date and accurate information, it is advisable to consult the official communication channels of HVC and the municipality of Nissewaard.
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