Date: Feb. 12, 2020
Modified November 14, 2023
Reading time: +/- 2 minutes
Real estate development comes with great challenges. What is in demand and how do we ensure that a building plan can be realized as quickly as possible? Among other things, this depends on whether a plan fits within the possibilities offered by the zoning plan. Many business owners have the experience that the zoning plan does not always provide an unambiguous and definitive answer. That is why we have developed the Zoning Plan Quickscan, which gives a clear yes or no answer within 5 working days.
Not only in the preliminary stage can there be uncertainty as to whether a building plan complies with a zoning plan. It also happens that a building plan is presented and the municipality judges that it does not fit its plans. The reason for this uncertainty is that there are always different views that help determine how the text should be interpreted. No matter how straightforward a zoning plan is written.
Perhaps then the project can eventually go ahead, but in the meantime time and money will have been lost in revising the zoning plan. For example, because a spatial justification and related studies are needed, such as plan damage risk analysis, traffic study, or acoustic study.
Adjusting a zoning plan easily takes one to one and a half years. That is at least 9 months longer than if the zoning permit is granted immediately. Indeed, at least 9 months of lost sales or lost rent. And what if a user has already been found for an empty building with an intended use. Will that person wait until permission is obtained for the transformation or will he look for business space elsewhere, where he can go sooner?
Uncertainty, loss of time and money ... Can there be another way? Yes indeed. We know that more is often possible than initially appears. In the article 'Explanation zoning plansYou can see some examples of this. With our experience and knowledge of jurisprudence we can quickly assess whether a building plan is likely to succeed and if not, with what adjustments you can build according to the zoning plan.
With just a few minor adjustments, you can achieve this. For example, it may be wise to request a more general function rather than the specific use of the intended user. Furthermore, conflicts with the zoning plan could be avoided by thinking carefully about parking solutions at the front end.
Does your building plan fit into the zoning plan? Then the Municipal Executive has no policy discretion to refuse the environmental permit if it considers it an undesirable development. And local residents and competitors have significantly less chance of successfully challenging the environmental permit. Moreover, by submitting an application appropriate to the zoning plan, you avoid the possibility that you could be faced with a preparatory decision.
If the application fits completely, the college must hold the regular preparation procedure and you can expect to receive the permit within a maximum of 8 weeks plus 6 weeks. If a decision is not made on time, the environmental permit will even be issued by operation of law. Only when it comes to activities requiring an environmental permit and (attached) nature permission, you must take more time into account.
As attorneys for business owners , we understand the importance of staying ahead. Together with us, you will have all the opportunities and risks in sight. Feel free to contact us and get personalized information about our services.