The new Environmental Planning Act

De nieuwe Omgevingswet

 The new Environmental Planning Act will come into force at the beginning of 2019. All the regulations governing the physical living environment that are now still fragmented in the environmental management law (subjects like construction, environment, water management, spatial planning, monument preservation and restoration, and nature) will fall under a single act in four governmental decrees. This reduction of regulations should result in a higher quality of the living environment, a greater freedom of choice for entrepreneurs, shorter decision-making procedures, less research costs and quicker realisation of projects.

With the arrival of the new Environmental Planning Act, zoning plans will be replaced by environmental plans. This will give municipalities the possibility to create flexibility and enable organic area development through for example the flexible designation of areas within certain parameters.

What could you already do now?
Although the act will only come into effect in 2019, municipalities can already start to make preparations for the arrival and possibilities of the new Environmental Planning Act. The set of ideas behind this new act is also contained in the Crisis and Recovery Act. This act offers the possibility of drawing up a 'zoning plan with an extended scope' and thus making use of the advantages of the new Environmental Planning Act.

A 'new style' zoning plan requires a different way of thinking. It is mainly about creating flexibility. The relevant authority no longer has to write down exactly what it wants but can suffice with writing down what it does not want. The rest can be left open and can be left to the market.

What can we do for you?
The answer to the question of how you can write a plan now which already embodies the ideas contained in the Environmental Planning Act and therefore already benefits from the advantages, is becoming more concrete. Our Environmental Management Law team is engaged on a daily basis in advising municipalities and initiators with regard to area development. This enables us to integrate this flexibility (a hotel could be built here, but there could also be homes, offices or retail stores) into a plan and at the same time, to ensure that local residents have the certainty that the quality of the physical living environment will not be at risk.

Questions? Please contact us!
The Environmental Management Law team has already been working together with many different municipalities in the Netherlands for years. Liesbeth Schippers and Daniëlle Roelands-Fransen are experts in the field of (urban) area development, zoning plans and the regulations related to the new Environmental Planning Act. We would be happy to help you assess your zoning plan. Would you like to exchange ideas with us, without obligation and free of charge, about what possibilities the arrival of the new Environmental Planning Act will bring you? Please do not hesitate to contact Liesbeth Schippers, Daniëlle Roelands-Fransen or one of the other specialists from our Environmental Management Law team.

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Contact

The new Environmental Planning Act

  • Liesbeth SchippersAttorney-at-law, partner
  • Daniëlle Roelands - FransenAttorney-at-law, partner