Environmental law

Environmental law

Environmental law is a dynamic area of ​​law within the sphere of administrative law. Central to environmental law is the design of the spatial residential and living environment. We regularly advise and assist project developers, landowners, and businesses with setting up a project or with an environmental law dispute. Examples of topics include:

• Environmental permits
• Enforcement and supervision
• Zoning plans and the environmental plan
• Objection and appeal procedures
• Environment and Planning Act (entered into force on 1 January 2024)
• Environmental law
• Construction law

We have an experienced team of lawyers and legal experts in the field of environmental law. Whether you are an international corporation, a property developer, or the baker on the corner, contact us to discuss the possibilities.

Environmental law within administrative law

Environmental law is part of the broader administrative law. This means that the rules of the game set out in the General Administrative Law Act (Awb) apply: an environmental permit, a rejection, or an enforcement decision is a decision by an administrative body against which you can lodge an objection and an appeal. The administrative body must act with due care, properly substantiate its decision, and weigh the interests involved. We therefore always approach your environmental law matter through that administrative law lens: not only the substantive rules regarding construction and the environment, but also the procedure, the time limits, and the general principles of good governance. Our mixed teams of lawyers and in-house counsel assist both international corporations and small business owners.

The Environment and Planning Act and the environmental plan

The Environment and Planning Act (Omgevingswet) entered into force on January 1, 2024. This act consolidates dozens of laws and regulations concerning the physical living environment into a single system. An important change is that the old zoning plans, together with other municipal rules regarding the living environment, are being incorporated into a single environmental plan per municipality. During the transition phase, the so-called temporary part of the environmental plan applies; municipalities are gradually converting this into a definitive environmental plan. For entrepreneurs and developers, this means that you must carefully determine which rules apply to your location and activity, and whether a desired development fits within the environmental plan or if a deviation is required. We will assess for you whether your plan is permit-free, complies with the rules, or whether an amendment to the environmental plan must be applied for.

Apply for the environmental permit

An environmental permit is required for many activities in the living environment, such as construction, deviations from the environmental plan, environmentally harmful activities, or felling trees. Under the Environment and Planning Act, the distinction between technical construction activities and spatial environmental plan activities is important: two separate permits or notifications may be required for a single construction project. The competent authority is usually the municipality, but for more environmentally harmful or provincial activities, this may be the province or another administrative body. We prepare the application together with you, monitor the decision period, and advise whether the regular procedure (eight weeks) or the extended procedure applies. For specific environmentally harmful activities, we refer you to our page on environmental permits, and for the construction aspect, to our expertise in construction law.

Enforcement: order subject to a penalty payment and administrative coercion

If you do not comply with the rules or your permit, the competent authority may take enforcement action. The best-known instruments are the order subject to a penalty payment and the order subject to administrative coercion. With an order subject to a penalty payment (Articles 5:31d and 5:32 of the General Administrative Law Act), you forfeit a sum of money if you do not terminate the violation within the grace period. With administrative coercion (Article 5:21 of the General Administrative Law Act), the government rectifies the situation itself, for example by demolishing (or having demolished) illegal construction, and recovers the costs from the offender. In some cases, an administrative fine is also possible; in this case, the right to remain silent and the duty to inform the defendant of their rights under Article 5:10a of the General Administrative Law Act apply. An enforcement process almost always begins with a notice of intent, to which you can first submit your views. We advise entrepreneurs, from international corporations to the baker on the corner, on the best response and conduct a defense where necessary. You can also challenge an enforcement decision by the municipality; Read more about this on our enforcement decisions.

Objection, appeal and preliminary relief

If you disagree with a permit issuance, a refusal, or an enforcement decision, you can generally lodge an objection within six weeks with the administrative body that made the decision. In most cases, the decision on the objection is followed by the possibility of appeal to the district court and subsequently an appeal to a higher court, often before the Administrative Jurisdiction Division of the Council of State. For decisions resulting from the extensive procedure, the consultation phase applies first, after which a direct appeal may follow. Because objections and appeals do not automatically suspend the effect of a decision, it may be advisable to request a preliminary injunction from the preliminary relief judge, so that a permit or enforcement measure is temporarily suspended. We closely monitor the deadlines and choose the appropriate procedural route together with you.

Damage caused by government decisions: disadvantage compensation and planning blight

A lawful government decision may nevertheless cause disadvantage, for example, a decrease in the value of your property due to an amendment to the spatial plan or a nearby infrastructure project. Under the Environment and Planning Act (Omgevingswet), the regulations for compensation for disadvantage, which include the former planning damage, are included in Section 15.1 of the Environment and Planning Act and in Title 4.5 of the General Administrative Law Act (Algemene Wet bestuursrecht). We assess whether you are eligible for compensation, whether the disadvantage falls within the normal societal risk, and, where likely to succeed, prepare a substantiated request.

Frequently asked questions about environmental law

Do I need a lawyer for environmental law proceedings?
Legal representation by a lawyer is not mandatory in objection proceedings or appeals before the administrative court. Nevertheless, legal assistance often pays off: deadlines are short, the rules are technical, and a well-substantiated objection or appeal significantly increases your chances. Our mixed teams of lawyers and in-house counsel tailor their efforts to your specific situation.

What is the difference between a zoning plan and an environmental plan?
Since January 1, 2024, there are no longer any new zoning plans. Municipal regulations regarding the living environment have been consolidated into a single environmental plan per municipality. During the transition period, a temporary part of the environmental plan applies, which contains the old zoning plans and some national regulations.

How quickly do I need to respond to an enforcement decision?
As a rule, you can object to an enforcement decision within six weeks. You must generally submit a statement of views regarding a notice of intent to enforce within the specified period. Do not wait too long: missing a deadline can result in the decision becoming unassailable.

Who is the competent authority for my permit?
Usually, this is the municipality (the Municipal Executive). For more environmentally harmful activities or certain provincial interests, the province may be the competent authority, and in rare cases, a minister or the water board. We will investigate this for you so that you submit your application or objection to the correct authority.

Our approach to environmental law

MKB Juristen works with mixed teams of lawyers and in-house counsel. As a result, we serve both the international corporation with a complex area development and the baker on the corner who wants to build an extension or a terrace. We combine substantive knowledge of the Environment and Planning Act with sharp administrative litigation, help think through strategy, and keep your goals and budget in mind. Feel free to contact us to discuss your environmental law issue without obligation.