Change zoning plans and apply for environmental permits in project development

An important first step in developing a housing project is to amend the zoning plan (soon to be environmental plan) and/or apply for an environmental permit. Making the right choices, proper legal guidance of the process and anticipating the Environment Act can save costs and speed up project development. In this blog, Rudi Minkhorst provides some tips on how you, as a project developer, can ensure that construction can start as soon as possible.

Changing the zoning or environmental plan during project development

In project development, it often happens that a housing project does not fit within the applicable zoning plan. For example, the land may not be zoned for "residential," or the building regulations may not provide enough room to realize the project.

Does the project not fit within the zoning plan? Then an amendment to the zoning plan or an environmental permit to deviate from the zoning plan is required. In both cases, a spatial substantiation must be prepared and the initiative must be in accordance with good spatial planning.

For large initiatives, it is attractive for project developers to choose to amend the zoning plan that still leaves the necessary space. When a new zoning plan is adopted by the city council, a separate permit must still be granted to implement the plan. The developer then still has room to modify the building plan.

Anticipate the Environment Act

With the advent of the Environment Act, current zoning plans will be incorporated into the environmental plan. Amending the environmental plan differs from amending a zoning plan. If you, as a developer, are preparing a project and wish to amend the zoning plan for it, the draft must be made available for inspection before Jan. 1, 2023. If this is uncertain or if it is already clear that this date will not be met, it is very wise to anticipate the Environment Act. Watch this video for more information on this topic.

Applying for an environmental permit in project development

As a developer, you can also choose to apply for an environmental permit instead of changing the zoning plan. Chances are that the initiative does not quite fit within the zoning plan. A permit to deviate from the zoning plan must then be applied for. There are various options here: an exemption within the plan, use of the exceptional circumstances scheme and an exemption outside the plan.

1. Study the zoning plan carefully

It is wise to study (or have studied) the zoning plan carefully during the preliminary phase of project development. This way you can bring your building plan into line with the zoning plan as much as possible to avoid uncertainty. In the event that it is necessary to deviate from the zoning plan, it is clear on which points there must be a deviation and which conditions apply. We can quickly assess whether a building plan has a chance of success and/or on which points it must be deviated from. In addition, there is often more possible than initially appears.

2. Steer clear of the regular (short) procedure

Much time can be saved by ensuring that your building plan can be granted through the regular permit procedure. The regular (short) preparation procedure applies when applying the crumb regulations . Substantial projects can be licensed using this regulation, for example, changing the use of an existing structure and expanding it at the same time.

3. Coordinate the zoning change and application.

By applying the coordination scheme of Section 3.30 of the Wro, significant acceleration can be achieved. The coordination scheme makes it possible to combine decision-making required for the realization of projects in a single preparation process. This can save a considerable amount of time. Under the Environment Act it will still be possible to coordinate.

4. Anticipate the Environment Act

The application for an environmental permit must also anticipate the Environment Act now. If you want the project to be covered by current law, you must submit an application before Jan. 1, 2023. Read more about the

Accelerate project development? There are several opportunities!

There are several ways to speed up project development. If the zoning plan needs to be amended, it is important to act quickly. To be covered by current law, the draft must be available for inspection before the Environment Act comes into force. Since this may no longer be feasible for new initiatives, it is wise for you as a project developer to anticipate the Environment Act now. Would you like to know what we can do for you? Please feel free to contact one of our attorneys environment and project development.

Time can also be saved by carefully studying(or having studied) the applicable zoning plan in advance. There is often more possible than meets the eye. When preparing an application, it is good to be clear on which points the building plan may conflict with the zoning plan. The short procedure can be followed by focusing on the minor cases and time can also be saved by coordinating the zoning plan amendment and the application for an environmental permit.

Finally, when applying for an environmental permit, it is also wise to anticipate the Environment Act. Want to know more about the Environment Act? On our knowledge page about the Environment Act you can find more (general) information. We also offer a course for project developers: building and developing under the Environment Act.

Do you want clarity on whether your building plan fits within the zoning plan? For a fixed price, our specialists will investigate the possibilities. Click here for more information about our Zoning Quickscan.