The court has firmly reprimanded the province in a lengthy battle over Efteling’s nitrogen emissions. Three times the province has wrongly failed to intervene when the amusement park exceeded the visitor limit of 5 million. Now the province must demonstrate that Efteling has taken enough nitrogen-limiting measures or else really enforce them.
And so a new chapter has been added to the long-drawn-out and technical nitrogen issue surrounding the popular amusement park.
In short, according to the nature permit from 2016, the Efteling may receive a maximum of 5 million visitors each year. If there are more people, this can lead to damage to the Loonse en Drunense Duinen nature reserve, for example due to the many car journeys.
In 2017, 2018 and 2019, the amusement park always exceeded the 5 million visitors mark. Local residents approached the province, because it must ensure that permit rules are complied with. However, the province decided not to intervene, because the consequences of the closure would be too severe for the park, visitors, staff and suppliers.
Legal battle
In addition, there was a new permit application from the Efteling at that time to allow 6 million visitors to enter. The amusement park would take nitrogen-limiting measures itself. For example, the vehicle fleet is electrically powered and a diesel train has been replaced by an electric one. Less wood is also fired in biomass plants and fire pits and the amusement park uses much less natural gas.
This would outweigh the extra nitrogen emissions due to the higher number of visitors. And with that, the amusement park would adhere to the rules. Local residents disagreed and started a legal battle. With the provisional result: a slap on the fingers of the province.
Ten weeks time
The court finds that the province wrongly refuses to act three times, while there are reasons for this. According to the administrative court, it is unclear whether all measures are permanent and whether they outweigh the increased nitrogen emissions from more than 5 million visitors to Efteling.
From the Friday published verdict it appears that the East Brabant District Court is more than fed up with the attitude of the province as an enforcer. The administrative court has brushed aside all provincial decisions not to enforce.
The province must decide within 10 weeks whether to enforce or make it clear that Efteling has really taken enough nitrogen-limiting measures, allowing more than 5 million visitors to come to the park.