The Dutch Wind energy Planning Process
Wind project developer describes the Dutch planning system as a concept where the emphasis lies on increasing the power of the people and giving the opportunity for everybody to participate in planning. Property rights are also very important in this heavily populated country. In comparison to other European countries, the Netherlands have very limited space which explains the strong ambition for defending the land. A developer claims that causing opposition by participation is a feature of "Dutch psychology". Netherless, the Poldermodel approach is consensus-based. The poldermodel is a model on which Dutch society and politics are based. The Poldermodel ensures that different planning systems are used for every ministry. There is a need to draw all planning systems together into one system. This is done by means of communication and negotiation. The Poldermodel intends to involve as many (relevant) stakeholders as possible to give every person the possibility to plan developments on the scarce land
Source: Responsibilities and powers of the national government, the provinces and the municipalities concerning Dutch wind energy planning. Adapted from PREDAC, 2004.
Role of the National Government
Role of the Provinces
The provinces each signed the BLOW agreement and negotiated their provincial targets. Furthermore, the provinces prepare "wind strategy plans" which are implementation plans of how and where to realise wind energy to meet the provincial target for BLOW. Before the intermediate evaluation point in 2005, the province must be informed about if, where and how much wind energy capacity will be implemented by the municipalities. If by 2005 the municipalities do not intend to implement wind energy the province has the right to dictate areas designated for wind energy in any municipality (PREDAC, 2004).
Role of Municipalities and Regional Legislators
As indicated above, the municipalities have the most important role in wind energy planning. In the Bestemmingsplan, the municipalities can exclude from or designate for wind energy certain areas within the boundaries of their municipalities. The major responsibilities and tasks of the municipal authority have been explained in figure 3.7 in section 3.2.4. The most powerful tool used by the municipality is the awarding of permissions. This gives the local authorities the possibility to reject a wind energy project or to accept it (PREDAC, 2004).
Permit and Licensing Process
There are 2 major permits required for receiving planning permission which are both issued by the municipality: the environmental permit and the building permit. The environmental permit is only needed when the wind turbine development is >15 MW. For developments <15 MW an AMvB report has to be issued (Algemene Maatregel van Bestuur) which assesses if the minimal distance to dwellings is respected, if the turbine is well-installed in the ground and if the turbines have a horizontal axis (PREDAC, 2004). The environmental permit is granted according to landscape, noise and safety criteria. The building permit is required for every wind energy project independent from its size. If wind energy is not foreseen in the development plan (Bestemmingsplan) a so-called exemption from article 19 applies (Koeslag, 2002). This means that the Bestemmingsplan has to be changed which can take up to 2 years. If wind energy developments are included in the Bestemmingsplan the building permit is granted without an exemption procedure. An Environmental Impact Assessment (EIA) is required for wind energy projects > 15 MW. The EIA is based on the following criteria: noise, shadow, fauna, cultural monuments, natural environment.
The Dutch wind energy planning permission process is complex and is thus illustrated in a summarised manner:
Overview of the legal procedures for placing wind turbines. Adapted from Koeslag (2002).
Koeslag identified that the average time scale for overall authorisation for the environmental permit and the building permit is 36 to 46 weeks (Koeslag, 2002). 10% of the projects examined in the Netherlands have licensing procedures which last > 2 years. The longest recorded period was 4 years (Koeslag, 2002).
Permits and assessments required for obtaining planning permission for wind energy projects. Adapted from Koeslag (2002), PREDAC (2004), EU (1992).
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