The mayor and aldermen of Midden-Drenthe ignore two adopted motions from the municipal council. The council wanted to remove the Klateringer Stukken area from the tender for solar parks and temporarily halt the procedure, but according to the council, this is not legally and financially responsible.
The council writes this in a letter to the council. According to the mayor and aldermen, removing the solar park at Klatering from the selection procedure would lead to “major legal and financial risks” for the municipality. According to the council, putting the tender ‘on hold’ is also not possible, because applications for an environmental permit under the Environmental Act must be processed within fixed periods.
The motions were passed on December 11. The reason was the discussion in the council about the status of the Klateringer Stukken area. According to several council members, it is a meadow bird area and therefore no solar park should be built there. The issue has been going on for some time and previously led to fierce debates and an audit of the procedure followed.
According to the council, the area is located in a meadow bird area as included in the provincial environmental vision, but not in the provincial environmental regulation. The council letter states that a provincial vision is a guideline and not binding for the municipality. According to the mayor and aldermen, this means that the municipality may deviate with reasons. If an application for an environmental permit is ultimately submitted, the province can still give negative advice or object in that procedure.
The council emphasizes that removing Klateringer Stukken from the tender would change the rules of the process. Market parties can trust that the policy framework is the same and clear, and according to the council, a change during the process can be seen as arbitrary and contrary to principles of good governance, such as the principle of care and legal certainty.
The council also warns about possible legal proceedings. Market parties could challenge a decision to exclude them before the administrative court. Annulling the decision can lead to an unlawful government act, with claims for delay damages, missed subsidies or lost profits. The council calls this risk too great to implement the motion and emphasizes that discussions with the initiators must first take place before a final decision is made.
The council’s second motion focused on temporarily stopping the tender. According to the council, this is not possible, because applications for an environmental permit under the Environmental Act must be processed within the applicable periods. A ‘pause’ in the procedure is not legally permitted, not even pending consultation or an investigation by the audit office.
The council states that it is impossible and irresponsible to carry out the motions. The mayor and aldermen emphasize that the interests of the area, including those of the meadow birds, are weighed in the normal permit procedure. All relevant interests are taken into account, so that a well-considered decision can be made.
The council concludes that following the motions entails too great risks and is therefore continuing its own course. “The legal and financial risks for the municipality are too serious to implement the motions,” the mayor and aldermen write in the council letter. The tender and follow-up process for Zonnepark Klatering will therefore continue as planned.
There was already a commotion about possible conflicts of interest and changes in the assessment criteria, but the municipality stands by its decision that everything went according to the rules. The council emphasizes that transparency and legal procedures are guaranteed during the further assessment of the plans.
