Appealing against an adopted zoning plan
Would you like to appeal against another decision made by the municipality?
Then the procedure is slightly different. You can find the information on the page Appealing.
Appealing against an adopted zoning plan
Do you disagree with the decision on a zoning plan?
Then you can lodge an appeal with the Administrative Law Division of the Council of State. The municipality will indicate in the announcement of the decision the period during which you can lodge an appeal. This period is always six weeks. After that, the zoning plan will take effect. The municipality can then begin implementing the plan or parts thereof.
To lodge an appeal, you must have made your views known during the draft phase of the zoning plan procedure. If you have not done so, you can only lodge an appeal against changes made by the municipal council to the draft zoning plan.
Please note:
Following a court ruling on April 14, 2021, you no longer need an opinion to appeal against environmental law decisions. These include, for example, procedures for zoning plans and environmental permits. Even without an opinion, you can now appeal against environmental law decisions. This makes it easier to appeal against environmental law decisions before the administrative court.
Apply for provisional relief
Have you lodged an appeal? Then you will have to wait for the judge's decision. In some cases, you cannot wait for this. In that case, you can submit a request for a provisional measure to the preliminary relief judge . With a provisional measure, you are requesting a provisional decision from the preliminary relief judge.
You must submit your request to the Gelderland District Court, Administrative Law Division (PO Box 9030, 6800 EM Arnhem). You will be required to pay court fees to apply for a provisional measure. You can obtain more information about this from the court.