In a structural plan or vision, municipal and provincial authorities outline potential spatial planning developments. Structural visions, zoning plans and draft zoning plans can be viewed at the municipality or province and via the Dutch-language websites Ruimtelijkeplannen.nl and Watmagwaar.nl.
Consultation period regarding a zoning plan
If your local municipality plans to amend a zoning plan, there may be an impact on your company both now and in future. Before changes are adopted, the municipality is obliged to organise a consultation procedure. You will then have 6 weeks to study the draft plan and give your opinion. After studying the responses, the municipality draws up the definitive zoning plan. Finally, the plan needs to be adopted by the municipal council.
Loss and damage due to a zoning plan
It may be that you suffer loss or damage because, for example, a municipality assigns a different use to a building. This may reduce the value of your building. In some cases you will be eligible for (partial) compensation of this 'planning blight'.
Relocation of businesses and expropriation
The municipality may ask you to relocate your company, for example because your company is located in or near a built-up area. You can negotiate the arrangements with the municipality.
In addition, the government sometimes needs land, for example, to build houses or for new nature conservation areas. It may be that your company has to relocate so that the plans can be implemented. The municipality or the state can only implement an expropriation order on the basis of public interest and if compensation has been agreed upon. Expropriations are always preceded by amendments to or renewal of the zoning plan.
Sale of land by preferential right
In some cases, the government might need your land, in order to construct a road, for example. The municipality (province / government) can then establish a preferential right on your land. If this is the case, you will be informed accordingly. If you decide to sell land which carries a preferential right, you must first offer the land to the relevant government agency.
Building, rebuilding or expanding your business
Do you want to build, rebuild or expand and do your plans not correspond with the municipal zoning plan (bestemmingsplan)? If so, you may, in certain cases, obtain an All-in-one Permit for Physical Aspects 'for acting in contradiction with the rules of spatial planning'. You can apply for this permit from your local municipal authority. You may also ask your municipality to change the municipal zoning plan.
Have you applied for the All-in-one Permit for Physical Aspects? If so, your municipality will apply for a water test afterwards, from the water manager. The water manager will test whether the application takes water related aspects into consideration, to a sufficient extent.
Compensation and exemption from prohibition on use in a reconstruction area
The provincial authorities may designate reconstruction areas, in which certain prohibitions may apply. For example, you are no longer allowed to use a stable. You may apply to the provincial authorities for an exemption from the prohibition. A reconstruction plan defines the redevelopment of an area. If you suffer damage or loss as a result of a reconstruction plan, you can apply to the provincial authorities for compensation.