Milieuclub Coöperatie Mobilisation for the Environment (MOB) is trying to shut down a biomass power plant in Maasbree. The Council of State recently ruled that TBM Powerplant could continue to run without a licence until March 2025, supplying surrounding market gardeners with heat.
At the time of the start of operations, a nitrogen permit was not required. The biomass plant was completed in summer 2019. MOB took action in 2021, pointing to nitrogen rules and nature protection and a court ruling that would make a permit required.
In March, MOB scored a success and the courts ordered the Council to reconsider their decision. The Council and TBM Powerplant then appealed. Given the complexity of the case, the Council of State said the case did not lend itself to injunctive relief. Instead, the March 2024 ruling was suspended until February 28, 2025. Before then, the Council need not take a new decision.
TBM Powerplant requested until mid-2025 to obtain the wildlife permit it had applied for. A legalisation programme has been drawn up nationwide to legalise projects with 'low nitrogen deposition on Natura 2000 areas' that fall below the thresholds of the Programme Approach to Nitrogen.
The legalisation programme consists of six steps that should eventually lead to a permit. All measures in that legalisation programme must be implemented within three years of its adoption, i.e. on 28 February 2025. For the above reasons, according to the Council, there is reason to suspend the court's ruling to that extent. The Council of State agrees, according to the August 8 ruling.