Province of Noord-Brabant to adjust ‘Windenergie A16’ zoning plan

Source: Raad van State

In an interim statement today about the ‘Windenergie A16’ zoning plan, the Administrative Jurisdiction Division of the Council of State found that the Provincial Council of Noord Brabant made a number of errors in assessing the noise and shadow nuisance of the new wind turbines. The Provincial Council is now given 26 weeks for a recovery decision.

The provincial zoning plan, which dates from September 2018, allows the construction of 28 wind turbines along the A16 motorway, over a length of 28 km. The turbines will be installed at four different locations. At the Klaverpolder junction, the plan provides for 3 wind turbines in the municipality of Moerdijk and 6 in the municipality of Drimmelen. In the municipality of Breda, the plan provides for 8 wind turbines at the Zonzeel junction, and 3 at the Galder junction. In the municipality of Zundert, the plan provides for 8 wind turbines at the Hazeldonk business park.

The wind turbines will be operated by various operators. In October 2018, a total of 12 environmental permits were granted, including to developers Raedthuys Windenergie B.V. (Pure Energy) and NUON (Vattenfall). 23 appeals have been filed against the zoning plan, the majority of which come from residents and companies who live or are located in the area where the wind turbines are to be built. They fear that the turbines will affect their quality of life. They are mainly concerned with noise nuisance, nuisance from cast shadows and damage to environmental values, such as those of the landscape and nature.

Interim ruling
In the interim ruling, the Administrative Jurisdiction Division finds that Provincial Council of Noord-Brabant have made nine mistakes in the assessment of the noise and shadow nuisance of the new wind turbines, especially in situations where existing wind turbines or other wind turbines are already located in the area, such as is the case in the municipality of Breda.

The Department expects that these can be repaired. In the later final decision, the Administrative Jurisdiction Division will assess whether the province has fulfilled the orders in this interim decision, after which it will make a final decision on the zoning plan for the wind turbines.

Input your search keywords and press Enter.