Spatial planning concerns the layout of the physical environment. Instruments used include zoning plans and environmental permits. Important aspects commonly include legislation on expropriation and on nature conservation, losses resulting from government planning decisions, compensation for losses resulting from administrative acts, land development (advance – i.e. pre-zoning plan – agreements) and recovery of costs. Residential, retail, office and industrial projects often entail adapting zoning plans to fit the desired developments or decisions on exemptions and/or dispensations. With our spatial planning expertise, we know exactly which course is best to take in every case. We also frequently work together with leading urban planning, housing, office and retail development agencies.
Zoning plan procedures are contingent on a myriad of substantive factors – such as a plan’s financial feasibility, the possibility of permanent disruption to the standard of facilities, contraction, vacancy levels, provincial policy (as laid down in e.g. the provincial environment plan for Limburg and by-laws) and flora and fauna legislation. Zoning plans are prepared in accordance with the stipulations of the Spatial Planning Act (Wet ruimtelijke ordening), under which opinions can be submitted to the municipal council and appeals can be lodged with the Administrative Jurisdiction Division of the Council of State. This procedure is in good hands with our firm. As well as guiding such procedures, we also routinely represent clients at the Council of State, frequently in connection with large projects. The design of good zoning plans that meet with the Council of State’s approval demands considerable expertise and insight into municipal and other relevant processes. Our firm is able to offer this expertise and insight, as attested by our track record of successful large-scale plans. We focus on our client’s ambition and help him to achieve it. It is also important to realise that the rules of spatial planning are constantly changing. Take the government’s proposed Environment and Planning Act (Omgevingswet), intended to regulate spatial planning. We keep close track of all such developments.
Our consultancy and litigation services span the entire spatial planning spectrum, in both zoning plan proceedings and compliance proceedings.
