Environmental Law and Zoning plan

Environmental law
Activities of citizens, companies and governments can have an impact on our physical living environment. The physical living environment includes buildings, infrastructure, water, soil, air, landscapes, nature and cultural heritage. Environmental law regulates the organisation and protection of the physical living environment and sets limits on the activities that affect it.

Environmental permit
Since the introduction of the Environmental Law (General Provisions) Act (WABO) on 1 October 2010, there has been one comprehensive permit system for these subjects. It is therefore no longer possible to apply for a separate building permit or environmental permit. The intention of the government is to create a permit system through a one-stop shop, through one application in one comprehensive decision. A demolition permit, a housing permit and a use permit are now also covered by this law. 

Issues of environmental law
Issues that play a role in environmental law:

• For which activities do citizens and businesses need an environmental permit and what can be built without a permit?  
• Which rules must an application for an environmental permit be tested against?
• What (building) possibilities does the zoning plan offer?
• What possibilities are there if damage is expected (plan damage), due to a new zoning plan or by the granting of an environmental permit?
• What is a plan compensation agreement and what can the municipality agree on?
• What is the difference between plan damage and damage compensation and when should which path be taken?
• How can influence be exerted on a (draft) zoning plan and how should the municipality act?
• What is an anterior agreement and what is its relationship with an operating plan?
• What is the scope of the freedom of contract for the municipality when concluding an (anterior) agreement?
• Is there an obvious private law impediment that requires the municipality to refrain from granting the requested permit?
• How can the municipality enforce the rules of environmental law?
• What will the Environment and Planning Act change for your municipality in the future?
• What are the differences between the zoning plan and the environmental plan?
• What is the scope of the environmental plan?

Contact AGA Lawyers
The lawyers of AGA Lawyers can do a lot for you, such as guiding you during the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL:  info@agajuristen.nl or contact form on the right side of our website.

Zoning plan
The zoning plan provides rules for the design and (im)possibilities. Reading a zoning plan is often not easy. And what if you want to deviate from the zoning plan? We can also assist you in this. Do you want to apply for a permit or object to a permit? AGA Lawyers has extensive expertise in this area. Our specialists are ready to guide you in this unfortunately rather opaque process from application to objection and appeal.

Zoning plan regulations
The rules on spatial planning are laid down in the Spatial Planning Act and the General Rules for Spatial Planning Decree based on that Act. On the basis of these regulations, zoning plans are adopted. Municipalities must adopt a zoning plan for their entire territory. The zoning plan must be updated within 10 years of its adoption. The zoning plan for the area to which it relates includes, among other things, rules regarding the permitted use and the dimensions of the buildings that may be built on a location. Zoning plans can be consulted via the website: ruimtelijkeplannen.nl.

Spatial planning and planning damage
Spatial planning law is an important part of environmental law. We are in the field of building and living, of zoning plans, structural visions, regional plans and the like. 

Since mid-2008, a new law, the Spatial Planning Act (Wro),has been in force to ensure that procedures are shortened and that participation opportunities are also somewhat channeled and limited.

Exemption from the zoning plan
Our lawyers handle all procedures in the field of spatial planning and also assist you if a zoning plan is changed or an exemption has been granted, as a result of which you suffer damage. You may be entitled to compensation, called plan damages. 

Plan damage
If you submit a request for planning damage to the municipality, the municipality will first check whether this damage exists and, if so, whether it should not reasonably also be for your account and whether it is not compensated in another way. You can contact our specialists for advice and assistance.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within administrative law. In the event of an administrative law conflict, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The administrative law lawyers of AGA Lawyers can do a lot for you, such as guiding you during the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL:  info@agajuristen.nl or contact form on the right side of our website.

More information
At the top of the search bar of this website, you will find more information about the specific jurisdictions and issues. To do this, click on the search bar at the top of the website! More information can also be found via the links (blue colored text sections) on this page above.