Zwartemeer sports estate may expand despite fears of inconvenience

After a suspension and an interlocutory ruling, the Council of State today gave the green light for the expansion of Sportlandgoed Zwartemeer with events and baby carriage driving. Neighbors opposed the plan because they already experience nuisance in the existing situation. A topical subject because the events market is 'booming' and because zoning plans and permits for these are increasingly being submitted to the administrative court. The ruling of the Council of State is remarkable because it deals with the aspect of cumulative noise pollution.

Cumulative noise pollution

Local residents reported already experiencing nuisance. With the expansion of activities, this would only get worse. Their core argument was therefore also that not only the noise nuisance resulting from the expansion of activities should be looked at to assess the acceptability of the expansion, but that the overall picture should be considered. In the interlocutory decision of July 13, 2016, the Council of State, referring to a decision already made in 2010 (ECLI:NL:RVS:2010:BN8586), confirms that within the framework of the assessment of a good spatial planning, the cumulation of the direct and indirect nuisance together with other noise sources for the living and working environment must also be considered. Because this was not done when the zoning plan was adopted, the Municipality of Emmen still had to assess the cumulative noise pollution. The Municipality of Emmen has done so.

Miedema method a useful handle

In today's ruling, the Council of State takes a closer look at the standards for this cumulative noise pollution by answering the question of how it should be assessed. The report, which draws on both the so-called Miedema method and the Noise Pollution Act - although it does not apply - passes the test of criticism. The so-called Miedema method involves using color codes to give a rating to the environmental quality. In this case, the cumulatively calculated noise levels led to the conclusion that, according to this method, there is a reasonable environmental quality on one side of the house and a good environmental quality on the garden side. The fact that even the maximum exemption value of the Noise Abatement Act for road traffic noise outside built-up areas - a value of 53 dB(A) - was exceeded by 1 dB(A), according to the report, did not lead to a different opinion. No limit values under the Noise Abatement Act apply to cumulative noise. But because in this case road traffic noise - and not the noise from the Sportlandgoed itself - was the norm, it was still allowed to 'comply' with that standard. And the exceeding of that standard whereby it is joined falls within the discretion that the Municipality of Emmen has, because the environmental quality thus still remains within the designation 'reasonable' according to the Miedema method.

Conclusion

The lesson for leisure developments is that careful research must be done into the effects of the activities themselves, but also in a broader context, including the effects of already existing (other) activities in the vicinity. Research into cumulative noise pollution, in other words. The Miedema method can be a useful tool to assess the acceptability of cumulative noise pollution for the living and working environment.

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