Specific enforcement in environmental law for Westland
The Environment and Planning Act (Ow) integrates enforcement from the General Administrative Law Act (Awb) and sector-specific acts, with specific application in the greenhouse horticulture municipality of Westland. Article 5.1 Ow grants powers for coercive measures in respect of illegal constructions, such as unauthorised greenhouse expansions, or environmental violations in greenhouse complexes around Naaldwijk and 's-Gravenzande. Legal qualification focuses on environmental norm violations, such as nitrogen and crop protection agent emissions.
The enforcement policy of the municipality of Westland prioritises risks in the horticulture sector, including the Acute Hazard Zone (AGZ) around protected natural areas such as the Westland Forest. Proportionality balances business damage for growers against environmental protection and public health.
Practical examples in Westland
In cases of excess nitrogen deposition from Westland greenhouses, administrative coercion may be imposed, such as forced shutdown of energy-intensive installations. The Council for the Environment advises a risk-based approach, tailored to local greenhouse horticulture challenges. Case law (ECLI:NL:RVS:2023:789) reviews the necessity of measures, with recent cases concerning illegal expansions in Poeldijk.
The violator in Westland has an information obligation towards the municipality; non-compliance leads to higher sanctions and possible closure of locations. This framework promotes sustainable compliance in the regions of Monster and Kwintsheul.