Thanks to a successful ADC test conducted by Tauw, the zoning plan for the construction and widening of the Kempenbaan-West in Veldhoven has been declared irrevocable. Due to the earlier 'nitrogen ruling' by the Council of State, many building plans are at risk. Tauw shows that a convincing ADC test may yet offer a way out for halted construction projects.
For the reconstruction of the Kempenbaan-West in Veldhoven, Veldhoven municipality, in cooperation with Tauw, presented an alternative nitrogen approach to the Council of State. This shows that the reconstruction has no better alternatives (A), that it serves an imperative (D) reason of major public interest and that the damaged nature can be compensated (C). "It is good to see that the State Council is open to an ADC test showing the need for this project. The PAS ban has disastrous consequences if the State Council does not offer an alternative. Fortunately, the ADC test seems to offer a solution for necessary construction projects", said Tauw project manager Frank Aarts.
The prohibition of the PAS by the Council of State has direct consequences for current permit applications and future initiatives for projects: these come to a temporary halt and can no longer use the PAS further in the procedure. The European Court of Justice indicated earlier that a "programmatic approach" is indeed a good way to deal with the nitrogen problem. The ADC test can thus provide an approach for clients.