Council of State

Minister must make new decision on licence for Shell charging posts Ellerbrug

Raad van State
De Raad van State oordeelt dat de minister van IenW een nieuw besluit moet nemen over de vergunning van Shell inzake de locatie aan de A2 in de gemeente Leudal.

The Council of State whistles back at the Minister of Infrastructure and Water Management for refusing to grant Shell permission to build charging facilities at a petrol station on the A2 motorway. According to the Council of State, the decision not to amend the existing permit was not properly substantiated. A new decision must therefore be made.

Shell was granted a licence in May 2007 to operate a filling station at service station Ellerbrug on the A2 in the municipality of Leudal. In May 2021, licence was amended by the Minister of Infrastructure and Water Management. Among other things, this made it possible to build four charging points for electric vehicles in addition to the filling station, something that would require the removal of three parking spaces at the station.

Objection upheld

However, Fastned, which already has a charging station at the same location, objected to this permit amendment. IenW declared that objection well-founded, whereupon the change was reversed. This was because the new charging stations would not be an additional facility, but something requiring additional paving and space. Shell disagreed with that decision: according to the company, the paving between the charging points and the existing entrance/exit is not new infrastructure, because this paving is not a new stretch of road.

Shell was still proven wrong in court, but a provisional victory was won at the Administrative Law Division of the Council of State. The minister did not properly substantiate why the realisation of new infrastructure for charging stations would jeopardise the efficient and safe use of the service area.

Court ruling overturned

That the granting of the amended permit would violate the so-called infrastructure criterion was thus insufficiently substantiated by the minister, according to the Council of State. And the court failed to recognise this in its earlier judgment. The earlier ruling is therefore overturned. “Taking this judgment into account and within the applicable decision period, the minister must take a new decision on Fastned’s objection to the decision of 7 May 2021 and publish it in the manner prescribed by law.”

This article was automatically translated from the Dutch language original to English.

Author: Vincent Krabbendam

Source: MobilityEnergy.com

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