Integrated Environmental Permitting

Preface v
Contents vii

1. Introduction
1 Reason for this Study 2
2 Environmental Permitting in the Netherlands 3
3 Central Research Question 5
4 Approach and Methods 6
5 Outline of the Book 8

2. Concept of Integrated Environmental Permitting
1 Introduction 10
2 The Concept of Integration in Environmental Law 10
2.1 Integrated Pollution Prevention and Control 10
2.2 External Integration 13
2.3 Internal Integration 14
3 Integrated Environmental Permitting at EU Level 15
3.1 Industrial Emissions Directive 15
3.2 Integrated Approach Defined 18
3.3 Scope of the Assessment Framework 19
3.4 Incommensurability of Environmental Goods 21
3.5 No “One Stop Shop” Required 22
4 Summary and Conclusion 23

3. Developments in Germany, Belgium and The Netherlands
1 Introduction 26
2 Germany 27
2.1 Legislative Process of the Environmental Code in a Nutshell 27
2.2 Integrated Environmental Permitting System 29
2.3 Discussion 31
2.3.1 Added Value? 31
2.3.2 Scope of the Assessment Framework 32
2.3.3 The Degree of Integration 33
2.4 One-Decision Model: Plan Approval Procedure 34
3 Belgium (Flanders Region) 36
3.1 Integrated Environmental Permitting System 36
3.2 Discussion 39
4 The Netherlands 40
4.1 Integrated Environmental Permitting System 40
4.2 Discussion 43
4.2.1 Added Value? 43
4.2.2 Scope of the Assessment Framework 44
4.2.3 The Degree of Integration 45
4.3 Integrated Environmental Permitting System in Practice 45
5 Towards a Fully Integrated Environmental Permitting System? 46
5.1 The Goal of a Fully Integrated Environmental Permitting System 46
5.2 Discussion 47
5.3 Fully Integrated Environmental Permitting System Defined 48
6 Comparison Remarks 51
6.1 Design and Scope 51
6.2 Pros and Cons 53
6.3 Developments Compared 54
7 Summary and Conclusion 54

4. Constraints of EU Environmental Law
1 Introduction 58
2 Developments in EU Environmental Law 59
2.1 Towards the New Governance Approach 59
2.2 Fragmented EU Environmental Law 61
2.3 Concluding Remarks 63
3 Possibilities and Limitations 64
3.1 The Habitats Directive 65
3.1.1 Outline of the Habitats Directive 65
3.1.2 Is the Introduction of a Permit System Obligatory? 67
3.1.3 Evaluating 69
3.2 The Water Framework Directive 72
3.2.1 Outline of the Water Framework Directive 72
3.2.2 Is the Introduction of a Permit System Obligatory? 74
3.2.3 Evaluating 76
3.3 The Air Quality Directive 78
3.3.1 Outline of the Air Quality Directive 78
3.3.2 Is the Introduction of a Permit System Obligatory? 79
3.3.3 Evaluating 80
3.4 Concluding Remarks 80
4 Summary and Conclusion 82

5. The Constraints of National Law
1 Introduction 86
2 The Rule of Purpose-Specific Powers 86
3 Assessment Framework Rule of Purpose-Specific Powers 88
4 Review in the Light of the Rule of Purpose-Specific Powers 89
5 Summary and Conclusion 93

6. The New Environment and Planning Act
1 Introduction 96
2 Structure of the Environment and Planning Act 97
2.1 Scope of the Environment and Planning Act 97
2.2 Improvement Goals and Key Objectives 97
2.3 Policy Cycle, Key Instruments and View on Flexibility 99
3 A Fully Integrated Environmental Permitting System? 100
4 A Coherent Approach Towards the Physical Environment 102
4.1 Coherent Policy Planning 103
4.2 Area-Wide Environmental Planning Regulation 105
4.3 Tailor-Made Solutions: Bending the Rules 106
4.3.1 Programmatic Approach 107
4.3.2 Situation-Specific Regulation, Situation-Specific Rules, Equivalence Principle 108
4.3.3 Experimental Provision to Deviate from Standards 108
4.3.4 Project Decision 109
4.4 Discussion 109
4.4.1 Flexibility and Legal Certainty 110
4.4.2 Flexibility and Judicial Review 111
4.4.3 Relation to EU Environmental Law 112
4.4.4 Simple and Better? 113
4.4.5 Barriers for a Coherent Approach 113
5 Summary and Conclusion 114

7. Summary and Conclusions
1 Introduction 118
2 Concept of Integrated Environmental Permitting 119
3 Constraints of EU Environmental Law 120
4 Constraints of National Law 121
5 Towards a Coherent System of Environmental Law 123

Bibliography 127