QuickScan zoning plan; 5 tips in project development

An important first step in developing a housing project is to check the zoning plan (soon to be environmental plan). Being able to read and understand zoning plans helps to be able to estimate the feasibility of a project at an early stage. This preliminary check does not seem to get any easier under the Environment Act. In this blog, Mink Oude Breuil provides some tips on what you, as a developer, should look for in a zoning plan.

What will change?

In the current situation, zoning plans can be found on ruimtelijkeplannen.nl. These plans conform to the IMRO 2012 (Information Model for Spatial Planning) standard and to the SVBP 2012 (Standard Comparable Zoning Plans) standard. SVBP 2012 sees to a uniform design, layout and accessibility of a zoning plan. Under the Environment Act, the Digitaal Stelsel Omgevingswet (hereinafter DSO) will be used. The idea is that if you select a location on the map in the DSO, all rules relevant to that location will appear on the screen.

Policy freedom in design of environmental plan

It is notable that in the DSO there are no requirements for the form, design and accessibility of the environmental plan as was the case before. This means that municipalities can choose the design themselves. As a result, the design of environmental plans may differ between municipalities to an even greater extent than is already the case. As a result, it will soon be necessary to pay even more attention to reviewing environmental plans during project development than is already required for zoning plans.

It is expected that when the Environment Act enters into force, municipalities will initially largely adhere to current practice in terms of the design of environmental plans, and the expected "proliferation" will only occur gradually. The tips below will therefore remain fully applicable in the coming years. It should be borne in mind that each plan must be judged on its own merits.

Tip 1: Read the definitions carefully

A common mistake when reading zoning ordinances is to think one is too quick to understand exactly what is meant. However, definitions in zoning plans can be quite different from normal speech.

Consider, for example, the situation where a land use plan has the zoning "Residential" on a parcel. It is logical to think that living in general is also allowed. However, what is meant by 'living' may differ from one zoning plan to another.

In most definition descriptions, "residential" means:

"the housing of one or more persons in a building.

At the same time, "residential" may be understood in another zoning plan:

"the housing of a household that maintains a permanent common household.

With the first definition, there is much more room to realize different forms of housing, while with the second definition, the question can be raised as to whether, for example, student housing can be considered a permanent joint household.

Another example: with regularity, within a residential zoning district it is permitted to use the land in question as parking for a business or store.

Tip 2: Look at the specific use rules at the destination

When applying for an environmental permit for the activity of building, the competent authority tests the desired use against the use rules. Most zoning plans begin with a zoning description where, usually in fairly general terms, it is formulated positively what is allowed on certain land.

However, often specific use rules also apply. Specific use rules are usually negatively worded:

'A use contrary to this zoning shall include...'.

It frequently happens that the zoning description seems to indicate that something is allowed, while a closer examination of the specific use rules shows that certain use is not allowed after all.

It is important to continue reading after these specific negatively worded use rules. In fact, some zoning regulations include exceptions to the specific use rules again.

These exception rules usually begin with:

'In any case,a use contrary to these rules shall not be included'.

This sentence is usually followed by a list of use activities that are then allowed anyway .

Tip 3: Look at building and measurement rules

Of course, it is rather obvious that building regulations must be looked at carefully. Building rules in zoning ordinances can vary very widely. Nevertheless, there is a general line that is usually followed. Often the building rules in the zoning plan are included as prohibitions (it is forbidden to...) or as conditional permission (building is allowed provided ...).

The first thing usually looked at is the area of building zones and the maximum building percentages (usually per "building plot," a term usually further defined in the definitions).

Next, it is important to find out what type of construction (think, for example, homes, extensions, outbuildings or extensions to the main building) is desired to be realized with a particular project within the meaning of the applicable zoning plan. Here, too, definitions play an important role.

In addition, the maximum permitted gutter and building height are also often relevant. To be able to determine how high you can build, you must also determine from where it is measured (see also this blog about that). The 'way of measuring' is usually regulated in the article after the definitions.

It may also be worthwhile to read a bit more about the building regulations. In fact, many zoning plans include variance rules that contain certain conditions. If the building project can meet these conditions, it is easier (and often quicker) to get a project permitted.

Tip 4: Look at the general rules

In addition to the specific use rules associated with a particular destination, there are often general use rules that apply to all destinations in a zoning plan. These general rules are usually included after all the rules that apply to specific destinations. General use rules can be formulated either positively or negatively.

A common example of such a general use rule is that building plans must provide adequate on-site parking . Such a general use rule can prevent a project that otherwise meets all zoning regulations from going ahead.

Conversely, it can also ensure that a project can go ahead. This is because many zoning plans also include a general (deviation) rule that allows 10% deviation from the sizes, dimensions and percentages included in the zoning plan (under certain conditions). The timely identification of general use rules can save a lot of unnecessary adjustment or preparation costs.

Tip 5: Multiple zoning ordinances

Not infrequently, multiple zoning plans apply to a piece of land. In fact, topics such as parking, permitted residential uses within a residential zoning and archeology are often included in what is known as an umbrella zoning plan . These zoning plans must also be checked to determine what applies!

Conclusion

If a building plan fits within the possibilities offered by the zoning plan, an application for an environmental permit cannot (in principle) be refused. It must then be granted. Clarity about this is essential in project development. After all, if a building plan does not fit within the zoning plan, cooperation from the competent authority is required. In order to be able to assess at an early stage whether the government is willing to provide such cooperation, it is wise to perform the QuickScan policy/regulation.

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 herefor more information about our QuickScan zoning plan. Also, when reading zoning plans, it is 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.