Zoning plans & environmental plans

Zoning plans

The Spatial Planning Act stipulates that every municipality is obliged to draw up a zoning plan for its territory. The zoning plan specifies how land and parcels may be used. The zoning description or description of purposes is also included in the zoning plan. Finally, it describes which uses are permitted. Examples include business purposes, residential purposes, and agricultural purposes. In this way, structure can be established regarding the manner in which land within a planning area is developed or used.

When a municipality amends a zoning plan, it must announce this. If the amendment to the zoning plan has negative consequences, an objection may be lodged. In many cases, a municipality first publishes a preliminary draft zoning plan. Once this plan has been published, a public consultation response may be submitted. If the public consultation response is not taken into account, a view may be submitted. If no view is submitted, it is not possible to appeal against the final zoning plan.

Questions regarding zoning plans? Contact us.

From zoning plan to environmental plan under the Environment and Planning Act

Since the entry into force of the Environment and Planning Act on January 1, 2024, the zoning plan has been incorporated into the environment plan. Soon, every municipality will have only one environment plan for its entire territory, whereas previously a municipality could have multiple zoning plans. During the transition period, the so-called temporary part of the environment plan applies: existing zoning plans, management regulations, and a set of national rules (the "dowry") continue to apply by operation of law until the municipality has adopted its new part of the environment plan. Until the end of the transition period, municipalities are building up this new part step by step. For entrepreneurs and landowners, this means that both the old zoning plan and the new rules from the environment plan may be relevant simultaneously. Our lawyers and (corporate) legal experts will map out for you which rules apply to your plot or project — whether you are an international group with a large development project or the baker on the corner looking to expand.

Deviation from the Environment Plan: within the plan or via a BOPA

If you wish to use land or a building differently than permitted by the plan, there are various routes. If the environmental plan itself contains a power to deviate or amend, you can deviate within the plan. If your initiative does not fit within the plan, an extra-plan environmental plan activity (BOPA) is required: an environmental permit with which the Municipal Executive grants permission to deviate from the environmental plan. In the case of significant deviations, the municipal council may also be required to give its consent via a mandatory binding advisory right. For larger developments, it may actually be wiser to apply for an amendment to the environmental plan itself. We assess which route leads to the desired result fastest, prepare the substantiation (the balanced allocation of functions to locations), and guide the application. See also our page on environmental permits.

Objection, view, and appeal against an (environmental) plan

You may submit a view to the municipal council regarding a draft environmental plan or zoning plan during the six-week public inspection period. If the plan is subsequently adopted in a manner unfavorable to you, a direct appeal to the Administrative Jurisdiction Division of the Council of State is available within six weeks of publication; there is therefore no objection phase. Interested parties who have submitted a view may lodge an appeal. We assess in advance which grounds for appeal have a realistic chance of success, so that you can keep your efforts focused. An important point of attention under the Environment and Planning Act: an environmental plan enters into force just four weeks after publication, while the appeal period is six weeks. Permits can already be granted during that period. To prevent an undesirable development from becoming irreversible, we can request a preliminary injunction from the preliminary relief judge in addition to the appeal. Time limits in administrative law are fatal — responding too late means the plan becomes unassailable.

Damage caused by a plan amendment: disadvantage compensation

If a municipality amends the environmental plan and you suffer damage as a result — for example, a decrease in the value of your property or loss of revenue — you may be eligible for compensation. What was known as planning damage under the old law (regulated in the Spatial Planning Act) falls under the disadvantage compensation of Section 15.1 of the Environmental Act. Not all damage is eligible for compensation: a portion remains at your own expense as a normal societal risk, and the moment at which the damage is determined has changed under the Environmental Act (in principle, only at the time of the permit or actual activity, not already at the time of the adoption of the plan). We assess whether you are entitled to compensation and submit the application on your behalf. Read more on our pages about planning damage and disadvantage compensation.

Our approach to zoning plans and environmental plans

Zoning plans and environmental plans form one of the components of our broad Environmental Lawteam. At MKB Juristen, lawyers and in-house counsel work together to ensure you receive both sharp procedural advice and practical business guidance. We serve the full spectrum of the business community: from an international group realizing a new branch or area development to the baker on the corner who wants to expand his premises or add a terrace. Whether you wish to have a plan amended, deviate from the plan, or defend yourself against a development in the neighborhood: we help you think through the strategy, monitor deadlines, and, where necessary, conduct the proceedings up to the Council of State.