Dynamism in zoning, as long as it's clear

It is well known that "urban development regulations" must be included in zoning plans since Nov. 29, 2014. These include, for example, specific parking standards that must be met when construction or use activities take place.

Earlier I wrote about whether it is possible to include a "dynamic reference" in a zoning plan for this purpose. Such a reference means that a zoning plan provides that certain standards contained in separate policies must be met, including any amendments to those policies without amending the zoning plan itself.

On March 8, 2017, the Administrative Law Division of the Council of State ("the Division") issued an interesting ruling on this "dynamic reference." That ruling provides more room for municipalities than an earlier ruling by the Division. Conclusion: as long as it is clear!

Dynamic reference possible: track record was already given

In a September 9, 2015 ruling (ECLI:NL:RVS:2015:2837), the Division already indicated that a dynamic reference is possible. The Division even provided a track record in doing so:

The zoning plan may provide that, in the exercise of the authority to grant an environmental permit, the rule that sufficient parking shall be provided where sufficient means that the standards in the relevant policy rules are met, and that if these policies are changed during the plan period, the change shall be taken into account.

But did the Division mean in this ruling that a zoning plan must then also mention the specific policy document by name, or is that not (always) necessary? A March 8, 2017 Division ruling clarifies that.

Dynamic reference possible: as long as it is clear

The ruling of March 8, 2017 (ECLI:NL:RVS:2017:603) involved the amendment of parking rules in 86 zoning ordinances in the municipality of Groningen. Rather than citing a specific policy document, the city council chose to include the following regulation:

Mayor and aldermen shall apply these building rules in compliance with the policy rules on parking adopted by them, as in effect at the time of filing the application for an environmental permit."

According to the appellant in those proceedings, this was a legal uncertainty. The Division disagrees. The Division reiterates that a dynamic reference to policy rules is allowed in principle. The Division does explicitly state that it must be clear which policy rules are being referred to. In Groningen this clarity was there, despite the fact that no specific policy rule was named. Only one document could reasonably be referred to, in this case the "Beleidsregels Parkeernormen 2012" of the Municipality of Groningen. After all, there are no other policies related to parking in the municipality of Groningen. Therefore, this reference was possible.

Conclusion

The lesson from this ruling is that municipalities can work well with dynamic references for the standardization of urban planning regulations, as long as it is clear to everyone what rules apply.

Quickscan zoning plan

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.