Province Noord-Brabant: Environment and planning permit for environmentally harmful activities
The Living Environment (Activities) Decree sets rules for the (environmental) consequences that companies cause. You will be subject to this Decree if you want to start a business or if you want to change the way the business operates.
You must apply for an environmental permit from the provincial authorities if you run a complex company. Complex companies have a major impact on the environment. This concerns the following activities:
- Waste management in an IPPC installation
- basic chemistry
- basic metal
- complex mineral industry
- complex paper industry, wood industry and textile industry
- destruction or processing of carcasses or animal waste in an IPPC installation
- large-scale energy generation (50 MW or more)
- large-scale processing of manure (more than 25,000 m3 per year)
- coke production
- refinery
- Seveso facility
- landfill or extractive waste facility
- incineration of waste in an IPPC installation
- gasifying or liquefying coal or other fuels You will find more information about complex companies at the Living Environment Information Point (in Dutch).
If your company has a less significant impact on the environment, you can apply for a permit from the municipality. Sometimes, you only have to submit a notification or you don’t have to do anything at all. Inquire with your municipality for more information.
If you apply for an environmental permit, your activity may have consequences for nature. This is because the preservation of protected areas and plant or animal species may be at risk. State this clearly in the application. In that case, the provincial authorities will also assess the consequences for nature. The provincial authorities may impose special requirements, such as ecological guidance.
Sometimes, you need to apply to the municipality for an environmental permit that also has consequences for nature conversation areas, plants and animals. That part of the permit application will be forwarded to the provincial authorities.
Online applicationsYou apply for an environmental permit from the provincial authorities if:
- you want to start a complex business
- you want to change the work processes within your complex company, which will therefore change your impact on the environment
Consult with the stakeholders first. They are, for example, people living in the area or companies that are located nearby. Also consult with the provincial authorities and the municipality. This increases the chances of the provincial authorities granting you the permit.
This is how you apply for an environmental permit:
Go to the online Omgevingsloket (in Dutch). This is the service counter for environmental and planning permits.
Do the permit check.
You will be told whether you need to apply for a permit. You can do this right away.
Log in. What you need for the application depends on the type of company and its scope. You need to submit, among other things:
an odour report
an energy report
an air quality survey
a map and/or
a business plan in which you explain the business activities Are there consequences for nature conversation areas, plants or animal species? In that case, you may also have to apply for an environmental permit for nature.
Permit applications from complex companies need to complete the extensive procedure. This means stakeholders will be given the opportunity to respond to your plans. In addition, the provincial authorities sometimes also have to further investigate the consequences for the environment. It takes an average of six months before a final decision is taken on your permit application.
The procedure for applying for an environmental permit is as follows:
- The provincial authorities publish the application and the draft permit.
- Stakeholders will have 6 weeks to review these. During this period, they can respond in writing or verbally to the provincial authorities.
- After that, the provincial authorities publish the application and the final permit. If necessary, the provincial authorities will conduct further research into the consequences for the environment.
- If so, stakeholders will have another 6 weeks to review this.
- Do you disagree with the permit? In that case, you can appeal through the courts. This is only possible if you responded to the application and the draft permit.
- After that, you have the option of appealing to the Administrative Jurisdiction Division of the Council of State. You did not receive a response within the 6-week appeal period? In that case, the permit is final.