A new instrument to drive desired spatial development? A potential obstacle for building projects or redevelopments? Necessary input for zoning plans and for obtaining a building permit? The new Remedial Act BZK/Housing Act is keeping aldermen, policy officers, programme managers, project managers, lawyers and traffic engineers busy.
Parking plays a role in virtually every spatial plan. Previously, the regulations for parking were laid down in the Building Regulations. However, from 1 July 2018 this will no longer form the assessment framework in court, and regulations will have to comply with the Remedial Act BZK/Housing Act. If you do not pay proper heed to the parking standards, then an interested party will be able to use this to have the zoning plan revoked by the Council of State. In the worst case, the project or development would not go ahead, but losses due to delays can also really sky-rocket.
Daniëlle Roelands-Fransen: "Many unnecessary risks can be avoided by carrying out a so-called parking check at an early stage. In addition, the new regulations make it possible to customise each zoning plan and form a control instrument for specific spatial developments."
How can you arrange this?
There are roughly three different ways in which you can arrange the new legislation and regulations in your zoning plan. Which of these is best depends on the interests of your municipality. Perhaps you would like to deliberately create low-traffic areas and opt for customised work per subarea. Or do you rather want certainty and clarity for the next ten years because you wish to clearly secure the desired spatial development? But it is also possible that you would benefit from having your zoning plan constantly tested against the very latest version of the policy rules. For example, in order to have flexibility in providing sufficient parking spaces when there are changes in the retail trade.
Legally securing parking standards in a zoning plan, conducting proper parking surveys, questions about whether parking should be provided on private sites or whether public space can be used, and the possibility of depositing a financial contribution into a parking fund/mobility fund: these are all issues which traffic engineers and lawyers have to address in order to ensure that their input is correct and that the plans can go ahead.
Questions? Please contact us!
Would you like to know how you can ensure that the planning regulations comply with the new regulatory framework on 1 July 2018? Please contact Daniëlle Roelands-Fransen or Laura van der Meulen. They are specialists in Environmental Management Law, urban redevelopment, zoning plans and the new regulations for parking, and they have developed the parking check which checks that parking policy and planning regulations comply with the new regulatory framework. You can find further information about the parking check here.
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