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Disadvantage due to a change in the environment plan

This information is provided by:Netherlands Chamber of Commerce, KVKNetherlands Chamber of Commerce, KVKNederlandse versie

A change in your municipal environment plan (omgevingsplan) affects your business in a negative way. For example, you have to apply for new permits. You can not expand your business. Or the value of your business premises decreases. Read what you can do if you disagree with the environment plan.

Submitting your opinion

Changing an environment plan starts with a draft decision. This decision specifies the changes the municipality wants to make. You can view this draft decision. And you can respond to it by submitting an opinion (zienswijze). In this opinion, you point out what you disagree with. Or you specify what you would like to see changed. Contact your municipality if you want to submit an opinion.

When the municipality draws up the final decision, they must react to the opinion you have submitted. They must explain whether they agree with you, and why (not).

Objecting

Do you not agree with the municipality's response to your opinion? You can file an objection in court. You do this at the Afdeling Bestuursrechtspraak Raad van State (Council of State Civil Justice department, in Dutch). You cannot appeal against their decision.

Preliminary injunction

Have you lodged an objection? It may be wise to request a preliminary injunction (in Dutch) from the court. This will temporarily pause the municipality's decision. And prevent a situation you cannot reverse. Such as the construction of a road you have objected against. The court decides whether there are good reasons to grant the injunction.

Apply for compensation

Does the decision to change the environment plan cause your company serious damage? In some cases, you can be awarded compensation for the damage, a so-called 'nadeelcompensatie'. You may be awarded this compensation if you suffer damage from lawful government actions. For example, if you lose turnover because the road to your shop is closed off for works for a long period. Or if the value of your business premises descreases as a result of the construction plans in your area.

You apply for the compensation for planning damage to the executing administrative body. In the case of the environment plan, this is the Municipal Executive (college van burgemeester en wethouders).

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