Written by Bas van Vliet and Noa Dik
The national government aims to build 100,000 homes per year on a structural basis. This is an ambitious task in the already densely populated Netherlands. Careful spatial integration is essential in this regard.
The Environmental Act[1] speaks of a “"balanced allocation of functions to locations“. This is an open standard. The municipality must specify this standard in its environmental plan, which applies to the entire municipality.
If a building plan doesn't comply with the environmental plan, a deviation is required. This is done through a so-called "Outside the Plan Environmental Plan Activity" (BOPA). This process requires a careful legal assessment.
For initiators and stakeholders
We assist both developers and local residents. Do you want to develop quickly? Or are your interests at risk of being harmed by a construction plan? In either case, timely legal advice is essential. Wintertaling Advocaten has extensive experience in environmental law and can provide excellent assistance. We advise on:
- environmental plans (formerly zoning plans);
- environmental permits;
- deviations via BOPA;
- enforcement and procedures;
- deadline monitoring and strategic process guidance.
Critical, realistic and solution-oriented
Regardless of the party we represent, we subject every construction plan to a critical legal analysis. You will receive objective and realistic advice from us. Litigation without a realistic chance of success is rarely worthwhile. It is often wise to engage in discussions with the parties as early as possible, even when interests appear to conflict. This prevents delays and often leads to better plans. In some cases, participation[2] is also legally required. If the public law route proves unlikely, it can also be useful to investigate whether the parties can still reach workable agreements through a private law agreement.
We look beyond public law and also consider private law aspects. An environmental permit doesn't automatically mean construction is permitted. A building plan could, for example, conflict with neighbors' property rights or cause unlawful nuisance. A comprehensive assessment helps prevent unpleasant surprises.
Fixed price agreement
For you, not only legal clarity is important, but also financial insight into the costs of legal assistance. That's why we work with a modular system. We offer legal assistance at a fixed rate for each phase of the environmental permit procedure.
The amount of the rate depends on, among other things:
- the stage of the procedure;
- the nature and location of the building plan;
- the available information;
- the extent to which you can prepare the file yourself.
This way you know in advance where you stand, legally and financially.
Do you have any questions about the possibilities? Contact Bas van Vliet (bas.van.vliet@wintertaling.com / +31 20 301 7750) or Noa Dik (noa.dik@wintertaling.com / +31 20 301 8860) to discuss the options. That way, you'll know exactly what to expect.
[1] See Article 4.2 of the Environmental Act
[2] See Article 16.55 paragraph 6 of the Environmental Act
