Protection of Nature Areas

• Conclusions
• Recommendations
• Response by ministers of LNV and VROM

We carried out an audit of the spatial planning system for the protection of nature conservation areas in the Netherlands. The central government's point of departure for its nature conservation policy is: developments encroaching on nature conservation areas are not permitted if as a result the environment is damaged. There is one exception, however, and that is if no alternative course is available and the social interest in the development is considerable. This is the 'not unless' principle. Another departure point of nature conservation policy is: the damage to the environment as a result of the development must be restricted as far as possible. Any residual damage to the nature conservation areas must be compensated by the creation of new habitat of equal value. This is the 'compensation principle'.

We examined the situation in practice on the basis of ten concrete projects in which developments such as a new road, industrial area, housing development or golf course was encroaching on a protected nature area.

Conclusions

The cases we examined illustrate that initiators of planning projects (municipalities and private project developers) do not properly apply the 'not unless' principle. The way in which procedures are followed does not offer any real protection against damage to nature conservation areas; at best they merely delay the development concerned. Developments, even those with a relatively minor social interest, usually just go ahead at the planned location in the end. That means that nature conservation areas are being damaged in places where it could and should have been avoided.

The compensation principle is only partially observed in developments in nature conservation areas. None of the damage caused to nature was restricted or mitigated in the projects we examined. Moreover, the way in which habitat compensation is being implemented fails to guarantee the creation of habitat of equivalent quality. In half of the cases, habitat compensation was either partially or entirely absent in practice.

All in all, it appears that the implementation of the nature conservation policy by provinces and municipalities does not always correspond with the central government's intentions. In practice, therefore, the nature compensation policy scarcely contributes to the protection of nature. The result is that the spatial coherence and the quality of protected natural areas are under pressure.

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Recommendations

We believe that the monitoring of implementation practice should be sharpened. The Minister of Housing, Spatial Planning and the Environment (VROM) should ensure a registration system whereby provinces can effectively monitor the implementation of the 'not unless' principle and the compensation principle in planning developments encroaching on nature conservation areas.

The enforcement powers of the municipalities should also be expanded to include, among others, the authority to demand information or to apply administrative enforcement. The VROM Inspectorate should also play a greater role in monitoring encroachments in protected natural areas.

As municipalities are often the initiators of developments encroaching on nature or strongly identify with developers, the functional segregation between implementation and enforcement is also an issue that requires attention.

The Minister of VROM should subject the spatial plans of provinces and municipalities involving nature conservation areas to more explicit preventative scrutiny. It is also advisable that, for the purpose of embedding protected natural areas in spatial planning, the Minister of VROM should more effectively monitor the modification of land-use plans without delay.

The central government should ensure that ecological know-how and expertise is improved at local level, by, for example, providing training and information.

Based on an evaluation of the nature conservation policy, the Minister of VROM, together with the Minister of Agriculture, Nature and Food Quality (LNV), should implement improvements in the planning procedure applicable when a development encroaches on protected natural areas.

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Response by ministers of LNV and VROM

Also speaking on behalf of the Minister of VROM, the Minister of LNV responded to our conclusions and recommendations. She indicated that many improvements have already been set in motion and she therefore sees the report as a signal that her ministry is on the right track.

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