Drastic Change Of Course In Internal Netting: Nature Permit Requirement After All

In its Rendac and Amercentrale rulings, the Administrative Law Division of the Council of State (the Division) applied a new, stricter assessment framework for internal offsetting. As a result, a permit requirement applies to internal offsetting, even with retroactive effect to January 1, 2020. Furthermore, the Division has placed restrictions on the nitrogen space that may be used for internal offsetting, in part because of the introduction of the so-called "additionality requirement", which initially applied only to external offsetting. What does this case law - and specifically the December 18, 2024 ruling - mean for developers? Juuk Hulshof and Caspar Delissenexplain.

Internal netting: then permit-free and now permit-required