The Wet algemene bepalingen omgevingsrecht – WABO )(Environmental Law General Provisions Act) regulates the environmental effects caused by businesses. You will be confronted with this law if you wish to start a business or change the functioning of the business. Businesses that cause significant damage to the environment require an environmental permit. In some cases, an environmental permit: limited environmental assessment is sufficient. For example, you need an environmental permit if your business consumes a lot of energy, causes air pollution or nuisance through noise or odours. Some businesses only have to submit an environmental report to the municipality. This applies to businesses that cause significant damage to the environment. A small number of businesses cause little or no environmental damage. This type of business does not have to apply for any permit or make any report at all. The latter group includes, for example, offices, general practitioners’ practices and toddler playrooms. If you are applying for an environmental permit, it may have an impact on the natural environment. The conservation of protected sites and plant or animal species may be at risk. Indicate this clearly in the application. The province then assesses the impact on the natural environment. The province may impose special requirements, such as ecological guidance. You may have to apply to the municipality for an environmental permit, which also has an impact on the natural environment. The municipality then applies to the province for a verklaring van geen bedenkingen – vvgb (declaration of no objection) for the natural environment aspect. What if the province does not issue this declaration? Then the municipality will reject your permit application.
The municipality, the province and the national government are responsible for granting an environmental permit. As a rule of thumb, you can assume that it must be the province for the permit in the following situations: It relates to IED businesses. IED stands for Industrial Emissions Directive (formerly IPPC). These include, for example, chemical plants, power plants, waste processors, domestic waste incinerators or large metal producers. It relates to BRZO businesses. BRZO stands for Besluit risico’s zware ongevallen (Major Accidents (Risks) Decree) 2015. These are businesses where large quantities of dangerous substances are present. The province may issue a declaration of no objection (vvgb). This may include conditions for protecting the natural environment. For example, measures you have to take to protect protected plant or animal species.
Do you want to know if you need a permit? Then use the vergunningcheck (permit check) on Omgevingsloket online (service counter for environmental and planning permits). What you need for the application depends on the type of business and its size. You should provide, inter alia: an acoustic report, a soil survey report, an odour report, an energy report, an air quality study, a plan and/or a business plan in which you explain the business activities. Sometimes you do not need an environmental permit, and an environmental report is sufficient. Are there any impacts on protected natural sites, plants or animal species? You may then have to apply for a nature protection permit.