Regulations in an environmental permit: much is possible, but not everything is allowed

Many municipalities include requirements in an environmental permit that project proponents must comply with. These may include, for example, requirements regarding the use of a building or plot of land, or conditions pertaining to the creation of green spaces. For municipalities, this is an effective way to regulate the implementation of an environmental permit while simultaneously imposing obligations on the project proponent.

However, the inclusion of regulations is not unlimited. In its ruling of March 5, 2026, the Gelderland District Court set clear limits on what municipalities may and may not attach as a regulation to an environmental permit.

The ruling concerned a temporary environmental permit for the use of an existing warehouse for the storage of pallets. That use did not fit within the zoning plan, which meant an environmental permit was required. Initially, the permit application was denied, but following a valid objection, an environmental permit was ultimately granted. However, various conditions were attached to that environmental permit, including mandatory camera surveillance on the property.

The applicant disagreed with a number of conditions, including those regarding mandatory video surveillance, and filed an appeal. The court then had to determine whether the conditions were lawful. The municipality argued that video surveillance was necessary to monitor complaints from local residents, make supervision more efficient, and verify compliance with the other conditions.

The court ruled that camera surveillance could not be included as a regulation in the environmental permit. Regulations accompanying an environmental permit must, in fact, be focused on spatial planning. CCTV surveillance does not pertain to spatial planning, but rather to supervision and enforcement. The municipality therefore had no relevant spatial interest in imposing this requirement and was thus not permitted to include CCTV surveillance as such in the environmental permit.

What does this mean in practice? Although the municipality has some discretion when including conditions in an environmental permit, the inclusion of such conditions must always be linked to a relevant spatial interest. 

Do you have questions about (applying for) an environmental permit? Please contact Gerard van der Wende or Fleur Huisman.

You can read the ruling here.