Appealing a Zoning Plan
Would you like to appeal another decision made by the municipality?
In that case, the procedure is slightly different. You can find the information on the "File an Appeal" page.
File an appeal against an adopted zoning plan
Do you disagree with the decision regarding a zoning plan?
If so, you may file an appeal with the Administrative Law Division of the Council of State. The municipality will specify the timeframe for filing an appeal in the notice announcing the adoption of the decision. This period is always 6 weeks. After that, the zoning plan takes effect. The municipality may then begin implementing the plan or parts thereof.
To file an appeal, you must have submitted your comments during the draft phase of the zoning plan process. If you did not do so, you may only appeal changes municipal council by the municipal council to the draft zoning plan.
Please note:
Following a court ruling on April 14, 2021, you no longer need to file a written statement to appeal environmental law decisions. These include, for example, procedures for zoning plans and environmental permits. Even without a written statement, you can now file an appeal against environmental law decisions. This makes it easier to appeal environmental law decisions before the administrative court.
Request a preliminary injunction
Have you filed an appeal? If so, you are waiting for the court’s decision. In some cases, you cannot wait for that decision. In such cases, you can file a request for a preliminary injunction with the judge in preliminary relief proceedings . With a preliminary injunction, you are asking the judge in preliminary relief proceedings for a provisional decision.
You must file your request with the Gelderland District Court, Administrative Law Division (Postbus .Postbus , 6800 EM Arnhem). You will be required to pay a court filing fee to apply for a preliminary injunction. You will receive further information about this from the court.