About temporary environmental permits for the construction of solar parks and the SDE subsidy: not such a good combination after all

29-11-2018

In Juridisch up to Date (JutD 2018-0138), Monique Rus wrote the feature article "About temporary environmental permits for the construction of solar parks and the SDE subsidy: not such a good combination after all". In this article, Monique discusses the (im)possibilities of using the option of granting a temporary environmental permit for the construction and operation of a land-based solar park (Appendix II, Article 4, paragraph 11, Environmental Law Decree [Bor]). 

Although the Administrative Law Department (and, subsequently, the District Court of Overijssel) considered use of this temporary permit for this purpose possible, this instrument does not offer a practical solution. Solar parks cannot yet be operated profitably without SDE+ subsidy. And there's the rub. The General Implementing Regulation for the Promotion of Renewable Energy was amended on 14 September 2018. Based on this amendment, no SDE+ subsidies are granted for projects without a permit for at least the entire term of the subsidy (15 years). As a result, solar parks with such an environmental permit no longer qualify for an SDE+ subsidy since recently.

Monique then discusses the proposed modification of Article 2.4, paragraph 3 of the Crisis and Recovery Act. If the legislative proposal is adopted, municipalities that want to encourage the realisation of land-based solar parks may request designation by ministerial order.

Following such a designation, municipalities may indicate locations in a zoning plan for the realisation of solar parks, after which these solar parks can be realised without a permit.

You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.

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