Transforming retail, more opportunities and faster and faster

In December 2015, retail news was still mostly shaped by bankruptcies. Large chains like V&D, DA and Macintosh went bankrupt. This was followed in 2016 by MS Mode, Scheer & Foppen and HoutBrox, among others. How different things are now a year later. In early 2017, the Central Planning Bureau reported that the Dutch economy actually seems to have overcome the crisis. Retail sector growth of 1.5% is even expected. Good news, then, but the blow of recent years has meant that new initiatives and changes are needed. This will also have to take into account the speed at which the retail landscape is currently changing. A logical question is: does the planning legislation provide sufficient opportunities for this?

New initiatives and development

As a result of large-scale bankruptcies, many "retail meters" have become vacant. Practices are struggling with how to (re)use those meters again. Only in a few locations have properties been fully and permanently put back into use. These include some Topshelf stores. Other locations have been filled only temporarily. For example, by Hema outlet stores or emerging pop-up stores.
About the currently vacant buildings, the question is raised whether they can not be transformed to another function, such as housing. Indeed, the location is often suitable for this. And with the revival of the economy, the demand for new housing is also increasing. Two birds with one stone you might say. A (legally) practical and quick solution is therefore desirable here.
Incidentally, this applies not only to dealing with the vacancy that has arisen. As a result of the upturn in the economy, an increasing number of retailers are also asking (again) to expand their own store. Here, too, a (legally) practical and quick approach is desirable. The question is whether the current laws and regulations offer (the) solutions for this.

What options does the legislature offer?

Previously, such changes often required lengthy and cumbersome procedures. In fact, the granting of a permit to change uses using a short and simple procedure was subject to a number of strict conditions. These included conditions that dealt with the maximum size of the building, a prohibition on expanding that building, and the impossibility of modifying surrounding parking facilities at the same time. Consequently, often a specific plan did not meet the conditions set forth in the law and a lengthy procedure of at least six months could soon be expected. This is irrespective of whether this was followed by objection and/or appeal procedures. A desired development was then often already outdated.

During the crisis, the legislature (fortunately) recognized the need to make such procedures simpler and shorter. This has led, for example, to the fact that it is now possible to permit a different type of use in which an expansion of the building can be realized immediately. Within this permit process, even the connecting parking lot can be directly included in the development. And the law now stipulates for this: all of this must basically be licensed within 8 weeks of the application. This also applies to the expansion of an existing retail establishment in violation of the zoning plan.

Meanwhile, increasing use is being made of these regulations, but practice shows that business owners is often still not (yet) familiar with the possibilities offered by the legislature. And that is where opportunities are unfortunately being missed.

Justice in full swing

In the meantime, moreover, the necessary jurisprudence is also emerging - mostly from competing companies - on the question of whether it was actually the legislator's intention to make extensive function changes or major expansions possible at such short notice. For example, the North Holland District Court recently had to consider whether the complete demolition of an office building and building a new supermarket in its place was possible with such a short procedure. The Overijssel court ruled on the question of whether a hotel-restaurant could be used for the (temporary) reception of asylum seekers. Interesting questions on which case law will certainly continue to develop in the near future.
The rulings offer opportunities that we are happy to explain using concrete examples during our 'retail and transformation' master classes. Legal creativity and daring entrepreneurship can form an excellent combination.

Want to know more? You can register for a master class on this topic using the registration form elsewhere on our website.

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.