A request for an environmental permit can involve several legally relevant activities, such as the demolition, construction or use of a building, the construction of infrastructure or the intervention in existing (natural) values, the creation of environmental pollution or perhaps the modification of protected monuments.
In addition, your client may have to apply for additional necessary permits. For example, building in the vicinity of a nature reserve, felling trees or building at a location where protected animal and plant species are present. The question may arise whether the required permissions can or must be combined in one application.
If you want to know whether it is wise to apply for all activities at once, for partial projects or for phased authorisation, ask us for advice.
Timeframes/type of procedure
With the implementation of the WABO, the regulations for permit-free construction and the Buildings Decree 2012, the government has attempted to simplify the use of environmental legislation. However, the layered structure, options and constant legislative changes make the applicable regulations complex again. It is therefore important to check the current law frequently and thoroughly.
Questions about time frames, the creation of an environmental permit by operation of law and the legal remedies available to your client or interested third parties are everyday fare for us.
Problems with the application
An initiator contacts the government for permission. The civil servant concerned indicates that something is not possible or that it is likely that the application will be refused. Another common burden are further requests for (expensive) additional data and reports to support the application.
We establish a link between this behaviour and the applicable testing frameworks, so that refusals and requests for information are placed in a necessary legal context. If that context is not (sufficiently) present, this observation is the basis for further consultation with the officials concerned.