Is your manufacturing company ready for expansion or a second location? Use these 5 tips to speed up the process

As a manufacturing company, you may run into several legal hurdles during the production process. In our "legal advice on the assembly line" campaign series, we take a look at 5 common legal hurdles. We help you overcome them.

Business is going well and your company is growing. It is time for expansion: for example, a new production hall at your current location, an additional machine factory at a new location, or a new data center to house your ICT equipment. These kinds of expansions often involve more than you think. You can avoid surprises or project delays. In this blog, I offer 5 tips to speed up the process.

Anne de Jong gives her advice in this article for the "legal advice on the conveyor belt" campaign series.

#production
#Environment Act
#projectdevelopment
#nitrogen
#sustainable
#energy transition

Date: Oct. 24, 2023

Modified February 14, 2024

Written by: Anne de Jong

Reading time: +/- 2 minutes

1. Check the zoning/environmental plan carefully

It is wise to look closely at the zoning plan during the preliminary phase of expansion plans. If you have in mind what is possible at a location, you can make your building plan conform to the zoning plan as much as possible to avoid uncertainty. If your building plan fully complies with the zoning plan, there is a limited review framework and the municipality cannot refuse your application.

In the unlikely event that the building plan does not fit within the zoning plan, you will find out in a timely manner, and you will know on what points it is necessary to deviate and what conditions apply.

Want clarity on whether your building plan fits within the zoning plan? For a fixed price, our specialists will investigate the possibilities. Contact us for more information about our Zoning Quickscan.

2. Explore options for permit-free expansion

Small additions to your business may be permit-free. Consider enlarging a storage area. Portions of a building plan may also be permit-free, such as remodeling work. The conditions for permit-free construction are described in the Environmental Law Decree (Bor).

Under the Omgevingswet (from January 1, 2024), the conditions are in the Besluit bouwwerken leefomgeving ( Bbl) and in the dowry. Under the Environment Act, some activities will no longer require a permit. If (part) of the building plan is permit-free, this will save costs and time.

3. Apply the bread-and-butter rule

If your expansion plans do not fit within the zoning plan, then the "crumb case"regulationof Article 4 of Appendix II of the Bor may offer possibilities. This regulation makes it possible to permit certain expansions or changes of function with the regular (short) procedure. This means that the starting point is to grant a permit within eight weeks. Under circumstances, this period can be extended once by six weeks.

If the deviation does not qualify as a minor case, an extensive permit procedure is involved. This takes a minimum of six months. Thus, the breadcrumb case procedure saves considerable time and money. The name "minor case" is misleading: large expansions can also be authorized using this procedure. As far as the crumb case procedure is concerned, more is often possible than you think!

4. Assess nitrogen emissions in time

Thenitrogenaspect can have significant implications for your expansion plans. Nitrogen emissions from construction and business activities can have negative effects on natural areas. It is important to check whether the project is located near protected natural areas. Indeed, a location near an overburdened natural area may mean that measures are needed to prevent negative effects. This process can be complex. It is therefore important to identify this in good time.

In recent years, there has been increasing legal uncertainty and delays in permitting due to nitrogen issues. However, this does not mean that nothing more is possible. We are happy to work with you to ensure that your project can go ahead.

5. Map energy needs and arrange needed connections in time

The nitrogen issue is not the only hot topic. The energy transition and the tightness of the electricity grid associated with it are also keeping people busy. The realization of a grid connection, for example, may take longer than planned. After that, there may be a shortage of capacity. Many areas in the Netherlands suffer from grid congestion. To avoid delays, it is important to start arranging a connection on time. If it then turns out that a grid connection is not feasible, possible alternatives such as battery storage, an off-grid solution or a virtual power plant can be considered at an early stage.

Are you experiencing problems connecting to the grid or transporting electricity? We are happy to think along with you about possible solutions. You can also view our webinars ongrid connections, grid congestionand alternative solutions.

 


Stay Focused

It saves a lot of time and expense to be well prepared for a business expansion. By aligning your plans with the zoning plan or the regulations for minor cases, you can obtain a permit more quickly. You can also avoid delays by paying attention to the nitrogen and energy aspects in time. Questions about expansion? Anne de Jong is at your service.

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