In the Netherlands, permit procedures are often perceived as cumbersome and long. Often additional documents are requested during the permit process, deadlines are extended and the costs (and frustration) of such a process increase for an applicant. They see a beautiful development in front of them and would prefer to get started as soon as possible.
In practice, there is therefore a great desire to maintain some control over (in particular) the duration and course of a permit procedure. And opportunities to control the type of procedure certainly exist. You can largely design your building plan accordingly. Take these possibilities into account when drawing up a building or renovation plan. This saves time and money.
Procedures
In the Netherlands, we have two different permit procedures: a regular and an extensive procedure. Besides the difference in time, in principle 8 versus 26 weeks, the procedure also makes a difference in the amount of research that must be submitted with an application. Also, the amount of fees to be paid for a building plan often makes a big difference.
It is important to know that it is not the competent authority (usually the municipal council), but your application that determines which procedure applies to the permit process. The zoning plan is the starting point. If a building plan fits completely within the building and usage possibilities of the zoning plan, a regular procedure is followed and in principle you will have your permit within 8 weeks. But often a proposed building plan does not fully fit into the zoning plan. This means that a deviation from the zoning plan must be authorized. Then you are probably not looking forward to ending up in a permit process of (at least) 6 months.
In such a situation, an interesting question for your building plan may be whether the building plan can be steered in such a way that the plan can be granted a permit under the so-called "minor cases" regulation. If so, a regular preparation procedure with all its additional advantages will also apply.
Room for maneuver
This regulation is included in Section 4 of Annex II of the Environmental Law Decree (Bor). These regulations include eleven categories for obtaining permits for a variety of different building plans with a regular procedure. This procedure is popularly referred to as the 'kruimelgevallenregeling', but this name may be misleading. Case law has now repeatedly made it clear that this regulation does not only apply to minor planning cases. Substantial projects can be authorized with this regulation.
In recent years there has been a lot of litigation in the Administrative Law Division about theruimelgevallenregeling. It is becoming increasingly clear what can and cannot be done. For example, it is now clear from the many rulings that there are many possibilities to enlarge buildings and/or change the use of buildings with this regulation. Many building plans can be geared to these possibilities. The advantage here is obvious: a short procedure and a deviation that can be granted relatively easily.
Examples
But what all is possible? Let's pick out a few "crumbs.
1. Enlarge building
A first possibility offered by theruimelgevallen list is to enlarge buildings. This possibility is included in Article 4, Section 1 of Annex II Bor. The possibilities for enlargement are (very) broad, according to the Division:
- Namely, this category is not limited to "planologically subordinate cases. For example, a substantial expansion of a store can be authorized. Examples from case law also include the realization of a school measuring 55 meters by 25 meters and the expansion of a hospital with a completely new wing.
- In addition, the extension is not limited to the extension of an already existing building. What is important is that the legal concept of "accessory building" is met. That is also the extension of a main building. And that main building does not have to be there yet. What matters is that the main building is permitted under the zoning plan. So a simultaneous extension of that main building can also be permitted at the same time as a new main building.
- The term "extension" should be interpreted broadly. This means that, for example, it also includes the realization of basements, containing a warehouse, and additions and extensions on higher floors, for example for a staff room.
- The portion where an "extension" occurs does not have to conform to the zoning plan. Keep in mind, however, that the main building itself and its use must be permitted under the zoning plan. It seems to follow from lower case law that at least 50% of the main building must be permitted under the zoning plan for this to happen.
2. Changing use of an existing structure or the adjoining land
Another bread-and-butter case that offers many possibilities is the so-called transformation possibility. This is included in Section 4(9) of Annex II Bor. This article makes it possible to change the use of an existing building to a use that the zoning plan does not allow. This can be a completely new use, but can also be used if you want to add an independent catering unit in a store, for example.
Concurrently with the change of function, renovations can also be included directly. The limit is that the area and building volume may not increase then. The use of the adjoining land can also be changed immediately. For example, for the construction of an outdoor terrace on the side where a catering unit is added.
Handy to know is that also only the change of use of a contiguous land can be granted as crumbling, without changing the use of the adjacent building. This may be the case if the desired use of the building is already permitted under the zoning plan, or has already been granted a permit. If, for example, there is only a desire for additional parking spaces, this is possible.
Interestingly, this crumb can also be used to merge properties if this is prohibited in a zoning plan. A use space can thus be greatly increased in floor area.
3. Temporary change of use of land or structures.
Theruimelgevallenlijst also offers possibilities if you want to deviate temporarily from the zoning plan. For example, if a major renovation requires you to use an alternative (emergency) location. Or if you need to provide for a (temporary) additional parking requirement. This possibility is included in Section 4(11) of Annex II Bor. This category namely makes it possible to permit a different use of land or structures for a maximum period of 10 years.
Relevant in this case is that no spatial substantiation needs to be drawn up. You must only demonstrate that there is no conflict with good spatial planning. There are no requirements for justification. In practice, this justification may be limited. For this category, no mandatory studies are prescribed and the ladder for sustainable urbanization (with an additional justification requirement) does not apply either, since it concerns a temporary deviation. Testing against the Noise Pollution Act is also not an issue if the deviation relates to a period of less than 10 years.
4. Combination possible
Thus, the various crumb cases each offer many possibilities on their own. But combining different crumb cases is also possible. In this way, the possibilities of the "crumb regulations" are greatly expanded. For example, it is possible to change the use of an existing structure and simultaneously realize an expansion of that structure. Or to obtain a building permit for an extension and at the same time equip the adjacent terrain with additional parking spaces.
Municipal policies as possible brakes?
Finally, it is important to note that the application or non-application of the minor cases rule is a power. There is no right to a permit. It is therefore always important to check whether a municipality has drawn up a specific policy on minor cases. In principle, a municipality is obliged to comply with that policy. Therefore, if a building plan is in accordance with municipal policy, the starting point is the granting of a permit.
