Spatial planning lawyer & legal expert

Spatial planning

Spatial planning concerns the process by which living space or the environment is utilized and designed. Spatial planning takes place on the basis of various laws and regulations. Through this diversity of regulations, an attempt is made to take into account both common and individual interests.

The (regional) government has the authority and the instruments to organize space. This includes, for example, drafting zoning plans, but also issuing permits. Furthermore, enforcement can take place if individuals or companies do not act in accordance with laws and regulations.

Questions regarding spatial planning? Contact us.

Spatial planning under the Environment and Planning Act

Since January 1, 2024, the Environment and Planning Act (Omgevingswet) has been in effect, the largest systemic overhaul in environmental law in decades. The Environment and Planning Act consolidates dozens of laws concerning the physical living environment — including the former Spatial Planning Act (Wro) and the Environmental Permit Act (Wabo) — into a single coherent system. For spatial planning, the most significant shift is that the municipal zoning plan is incorporated into the environment plan: every municipality adopts a single environment plan for its entire territory. Until the moment the municipality has fully developed its environment plan, the old zoning plans together form the temporary part of that environment plan (the so-called transitional law). The central assessment is no longer “good spatial planning,” but a balanced allocation of functions to locations (Article 4.2 Environment and Planning Act). That sounds technical, but it affects every entrepreneur who wants to build, renovate, expand, or start a new activity at a location. This page falls under our broader expertise in Environmental Law.

Environment plan, environmental permit and the BOPA

Whether a plan or activity is permitted depends on the Environment Plan (formerly the zoning plan). If your initiative fits within the permitted function and the building and usage regulations, a permit can often follow relatively quickly. If it does not, there are several routes. The municipality can amend the Environment Plan, or you can apply for an environmental permit for an off-plan Environment Plan activity (BOPA) — the successor to the former “deviation permit”. In this assessment, the balanced allocation of functions to locations plays a key role once again: the competent authority (usually the Municipal Executive) weighs your interests against the interests of local residents, the environment, and the surrounding area. Our lawyers and in-house counsel assess in advance which route is the fastest and most promising, and structure the application and justification in such a way that it withstands any potential proceedings. This applies to both the international corporation with a large-scale area development and the baker on the corner who wants to expand his premises or add a terrace.

Objection, appeal and preliminary relief

Legal protection is available against decisions regarding spatial planning, but the route depends on the preparatory procedure followed. Under the regular procedure, as an interested party, you can lodge an objection with the administrative body that made the decision within six weeks of publication , and subsequently file an appeal with the court. Under the extensive procedure —which applies to, for example, the environmental plan and more complex permits—you must first submit a statement of views regarding the draft decision, after which an appeal is possible. In many cases, higher appeals run directly to the Administrative Jurisdiction Division of the Council of State. If irreversible damage is imminent, for example because a neighbor has already started building, you can simultaneously request a preliminary injunction to suspend the decision. Deadlines are fatal: too late is, in principle, too late. Therefore, it is wise to seek legal advice early on, so that statements of views, grounds for objection, and grounds for appeal are submitted in a timely and complete manner.

Enforcement in spatial planning

If someone fails to comply with the spatial plan or permit conditions—for example, building without a permit or using the property in an unauthorized manner—the competent authority may enforce compliance. Chapter 18 of the Environment and Planning Act provides the instruments for this: an order subject to a penalty payment, an order subject to administrative coercion , and, where applicable, the revocation of a permit. Based on the so-called principle of mandatory enforcement, the government must in principle take action against violations, unless there are special circumstances or a concrete prospect of legalization. If you, as an entrepreneur, receive an enforcement decision, you can challenge it; conversely, if you observe nuisance or illegal construction at your neighbors', you can submit an enforcement request. We assist both entrepreneurs facing enforcement and parties seeking to enforce compliance.

Disadvantage compensation and planning blight

If the government amends the spatial plan or grants a permit that reduces the value of your property or causes damage to your business operations, you may sometimes be entitled to compensation. Under the Environment and Planning Act, this is regulated in Section 15.1 (disadvantage compensation); the old term “planning damage” is still frequently used in practice. Not all damage qualifies for compensation: some falls under normal societal risk. Whether you qualify and the amount of compensation required is a careful legal and factual assessment. Read more about disadvantage compensation and planning damage.

Frequently asked questions about spatial planning

What is the difference between a zoning plan and an environmental plan?
Since the Environment and Planning Act (1 January 2024), the zoning plan has been replaced by the environmental plan. Existing zoning plans remain in effect as a temporary part of the environmental plan until the municipality has adopted its definitive environmental plan.

My plan does not fit within the spatial plan. Is it still possible?
Often it is. The municipality can amend the spatial plan, or you can apply for an environmental permit for an off-plan spatial plan activity (BOPA). The competent authority then makes an assessment based on a balanced allocation of functions to locations.

How much time do I have to lodge an objection or appeal?
In principle, six weeks after the decision has been published or made available for inspection. In the case of the extensive procedure, you must first submit a statement of views against the draft decision in a timely manner. These deadlines are strict.

Can I recover damages if my property decreases in value?
Sometimes yes, through disadvantage compensation (Section 15.1 of the Environment and Planning Act, formerly planning damage). However, part of the damage remains at my own expense as a normal societal risk.

Engage a spatial planning lawyer or legal expert

At MKB Juristen, lawyers and in-house counsel work together in mixed teams. This allows us to provide strategic input at the outset—regarding location selection, area development, and permit processes—as well as litigate when necessary. We serve the full spectrum: from international corporations with complex area development projects to the local baker looking to expand. Do you have questions about spatial planning, the Environment Plan, an environmental permit, or an enforcement decision? Contact us for an initial, no-obligation assessment of your case.