NL: Too little cultivation in greenhouse full of solar panels

An order under punishment was imposed by the municipality against four people involved in a greenhouse that is full of solar panels but in which picayune or no cultivation shoot position . They appeal against this . The court declared their prayer well - founded , but agreed with the municipality that natural action may be taken against the projection .

After review in the summertime of 2022 , the municipality of Peel and Maas ( the Netherlands ) decided to impose an order under penalty . Checks demonstrate that no farming activity were taking post in the greenhouse , while solar panel were provide electricity . According to the municipality , this violated the zoning architectural plan in violence .

The political party involved put up a defense against the order under penalty . A alteration of the order under penalty followed , insofar as the violation could be cease by stopping electricity contemporaries and delivery to third parties . At that head , the edict under penalty would lapse . Meanwhile , the municipality could take another face at the zoning plan .

Climate cellsA unexampled inspection took topographic point this spring . The plot of ground then bear four small climate cells . moreover , the review report dealt with in the court case showed that a diesel motor power generator was present on the plot of land , to serve as a exponent supply for those mood cells . The solar panels were not relate to the mood cells during the inspection . The presence of the climate cells for cultivation was classified by the court as ' modified farming operation ' .

Too limited , according to the opinion . Those involved argue that a multitude of fate make delays . These include ' a highly innovative project ' , ' gamy cost ' involved and ' poor weather condition conditions ' .

Those affected asked for injunctive respite . The evaluator sees no cause for this . We quote , " If a nursery horticulture byplay of any size can be said to exist on the secret plan at all , that stage business engage separately from the king coevals that take place through the body structure with solar panels . That power generation is then still prohibited . "

Claims too lateWhere those involved in the task did have some luck , is on a technicality . The municipality imposed the 2022 enforcement monastic order on four people . Successfully , they argue that one of those involved was incorrectly identified as an wrongdoer . An edict under punishment was imposed against the applier and also holder of the granted environmental permit , but because the municipality does not impose on the basis of that environmental permission and that environmental permission has also been realized and thus worked out , one of the four persons imply escaped the edict under punishment . This person also made newspaper headline earlier with a exchangeable program involve greenhouse in Friesland .

For the projection in Limburg , those ask point out that a pot of study and money has already conk out into the project . They say the use of the structure with the solar panels is in line with the zoning plan " in the forgetful term " . The right multitude for the preach innovative var. of nursery horticulture have now been recruit , the first of the big climate cellular telephone will shortly be capable to be establish from storage and the proper connection of the solar panels to the climate cadre is also in the planning , they indicate .

National discussionAccording to the jurist , this all still does not make it possible to retain generating tycoon at the projection in trespass of the zoning plan to regain the price already seat . Moreover , the judge stressed , they have had almost two age since the imposition of the order under penalty to make the mogul generation part of a greenhouse farm of some size of it . This has not come about , the review this spring read . The order under penalty date back to 2022 .

In the greenhouse industry , there is discourse about projects like the one above . Several greenhouses have been filled with solar panel in recent year , but there are incertitude about the extent to which cultivation can then still take place in the greenhouses and whether this is still according to all the rules . Glastuinbouw Nederland advocates regulating and fight projects about which multitude have doubts . A case in the municipality of Venlo made the tidings just this spring .