Municipality Goeree-Overflakkee: Working with the environment plan

A municipality draws up a environmental plan for areas. This states, for example, where homes, catering establishments or other businesses may be located.

If you are going to build, it is useful to know whether this is allowed. Or if you want to start a business. You can then view the environmental plan before you start your plans. In a environmental plan you will find, among other things:

• the characteristics of a neighborhood or area
• the plans that exist for the district or area
• rules about buildings, for example:

  • the type of buildings that are permitted
  • the way in which construction may take place
  • the maximum height and width of buildings
  • for what purpose the land may be used
• ditches, canals and rivers in a district or area
• archaeological sites in a neighborhood or area

Damage caused by a environmental plan

A planning decision made by the municipality may cause you damage or financial loss. Examples include new environmental plans or decisions to issue an all-in-one permit for physical aspects (omgevingsvergunning) that grants an exemption from the environmental plan. You can claim compensation if you suffer damages. To claim compensation, you must wait until the municipality’s decision is final. It is final when it is no longer open to objection or appeal.

There are two important criteria to qualify for compensation for damage caused by planning decisions (vergoeding planschade):

• you could not have foreseen the damage when you bought the building or the land;
• you did not receive any other compensation, for instance for expropriation (onteigening)

Applying for compensation

You can claim compensation from the municipality by writing to the municipality. You must make sure to send in your claim within 5 years of the municipality’s final decision. 

The letter must include:

• your name, address, and signature
• the reasons and supporting arguments for the compensation
• the measure causing the damage
• a description of the damage
• the date
• in the event of damage to immovable property: whether you are a tenant or the owner
• all supporting documents in your possession

It will take at least 6 weeks to deal with your claim/application, but it can also take over 1 year.