Wind Farm Development in the Belgian Part of the North Sea: A Policy Odyssey without Precedent

Almost all activities are regulated by law.3 In the Belgian marine areas several habitat types which figure on Annex I of the Habitats Directive4 occur: sandbanks which are slightly covered by sea water all the time (habitat type 1110), mudflats and sandflats not covered by seawater at low tide (habitat type 1140) and reefs (habitat type 1170).5 Taking into account the European policy aim to increase the share of renewable energy to 20 % of Europe's total energy production in 2020 and the rapid growth of wind energy the past years, it was clear that wind farms and their associated infrastructure would pose new challenges for the designation and conservation of marine protected areas in the Belgian part of the North Sea. The numerous judicial proceedings surrounding the proposed construction of a wind farm on the 'Vlakte van de Raan', an ecologically valuable complex of sandbanks that runs in a line off the Belgian coast at the town of Knokke-Heist, provide a clear illustration of this. Although allowed in 2002, the construction of the wind farm was prevented due to the withdrawal of the previously issued permits. In 2005, 19 km2 of the Belgian part of the Vlakte van de Raan was finally designated as a Natura 2000 site by the Belgian federal government, while the Dutch government, on its turn, decided to designate 190 km2 as a Natura 2000 site. However, in 2008 the decision to designate the Belgian area was annulled by the Belgian Council of State, whereas the owner of the permits, in the meantime, had introduced a liability action against the Belgian state claiming compensation for the damages suffered due to this, supposedly negligent, change of policy by the Belgian government.