Spatial developments under the Omgevingswet

Introduction

The Omgevingswet on January 1, 2024. The Omgevingswet about a radical change in the spatial planning system. Procedures, laws, and regulations will change, and this will mean significant changes for developers of new spatial projects.

The purpose of this document is to provide project initiators with clarity on how we, as a municipality, view the new practical situation and how we are utilizing the new procedural options to facilitate spatial development under the Omgevingswet.

Introduction to the Omgevingswet

The Omgevingswet that the municipal council must adopt environmental plan municipal council environmental plan the entire territory of the municipality. Among other things, the environmental plan replace the current zoning plans. The environmental plan the municipal regulations governing the physical living environment. The environmental plan the zoning plan (and related spatial plans such as detailed implementation plans, amendment plans, and management ordinances) as well as all other ordinances containing rules regarding the physical living environment, such as sections of the General Local Ordinance (APV) and the Heritage Ordinance.

What will happen when the Omgevingswet takes effect?

On January 1, we will environmental plan receive an environmental plan under transitional law; this is known as environmental plan temporary environmental plan. The temporary environmental plan of:

  • the existing land-use plans in our municipality (zoning plans, amendment plans, implementation plans, and management regulations);
  • a number of ordinances (the (archaeology provision of the) Heritage Ordinance, the Odor Ordinance, and the Rainwater and Groundwater Drainage Ordinance); and
  • The Dowry (regulations being transferred from the national to the municipal level).

Other municipal ordinances (such as the General Local Ordinance) are not directly incorporated into the temporary environmental plan will continue to exist independently after January 1, 2024, until they are incorporated into the permanent environmental plan. This situation is illustrated in the diagram below.

As a municipality, we have until December 31, 2031, to environmental plan the interim environmental plan into environmental plan single, comprehensive, municipality-wide environmental plan. The transition of regulations from the temporary section to the new section of the environmental plan on a location-by-location basis, so we are addressing this area by area and phase by phase. Where necessary, we will implement new policies regarding the physical living environment through a thematic amendment to the environmental plan.

How do we approach new spatial developments?

New spatial initiatives will soon have to be assessed against the (temporary) environmental plan. If the initiative is consistent with the (temporary) environmental plan, a permit can be issued immediately. Of course, the environmental permit must comply with legal requirements and, for example, our public participation policy.

We environmental plan new spatial initiatives that do not fit within the (temporary) environmental plan at the “Environmental Roundtable.” At the Environmental Roundtable, we discuss with all relevant advisors whether the initiative is desirable and feasible within the established frameworks and regulations. For initiatives that receive a positive recommendation, a planning procedure can be initiated. New spatial initiatives that do not fit within the (temporary) environmental plan be made possible under the Omgevingswet two ways, namely through:

  • an environmental permit for an activity not covered by the environmental plan;
  • an amendment to the (temporary) environmental plan.

In this document, we explain how our municipality evaluates these options and which procedural approach we apply to which types of land-use developments.

Activity outside the scope of the environmental plan

For new spatial developments that do not fit within the (temporary) environmental plan , we generally environmental plan an environmental permit procedure for an off-plan environmental planning activity (BOPA). The executive board the mayor and aldermen decides whether or not to grant the environmental permit.

Prerequisites for a BOPA

The following conditions apply to the implementation of the BOPA:

  • The (construction) plan is sufficiently concrete and well-defined. This means, at a minimum, that it is clear what activities are intended for the site and that a detailed (construction) plan has been drawn up for this purpose. For initiatives involving building lots, we do not consider the BOPA to be a suitable procedure.
  • There is a balanced distribution of functions across locations. This balanced distribution of functions across locations is the successor to the principle of sound spatial planning. In doing so, we do, however, apply a broader balancing of interests that relates to the entire physical living environment. This means that we also take into account aspects such as health, safety, livability, and sustainability in the balancing of interests.
  • The provincial and national guidelines, as set forth in the Gelderland Environmental Regulation and the Living Environment Quality Decree, can be complied with.
  • There is no need to deviate from regulations that are not (yet) part of the current environmental plan, such as the General Local Regulation.
  • No changes need to be made to the current environmental plan for the purposes of the development, either at the site itself or in the surrounding area. This may be relevant, for example, if changes to the current environmental plan to ensure a balanced allocation of land uses across sites. This would involve, for example, no longer permitting certain activities under the environmental plan—such as rezoning an (agricultural) business as part of a land-use change—and/or imposing restrictions outside the plan area, such as designating a spray-free zone or lowering the environmental category of a business parcel.

We expect project proponents to provide a spatial justification (including any studies) demonstrating that the specified Requirements be met. The spatial justification must also describe the results of the public engagement process.

BOPA Procedure

In principle, the standard preparatory procedure applies to the BOPA. The decision period is normally a maximum of 8 weeks. In some cases, however, the extended preparatory procedure will apply, with a decision period that is normally a maximum of 26 weeks. This is certainly the case if:

  • This is done at the request of or with the consent of the applicant.
  • This refers to an activity that has or may have significant impacts on the physical environment and is expected to raise concerns among various stakeholders.

In addition, the municipal council West Maas en Waal has the right to be consulted by the BOPA West Maas en Waal various activities. If an initiative falls within this list of activities, the comprehensive preparatory procedure will also be applied. After all, these are initiatives that our council has indicated involve activities that could have significant consequences for the physical living environment.

List of activities subject to the right to comment on non-plan-based environmental planning activities, in accordance with the council resolution dated January 27, 2022

1. Housing

  1. The addition of 5 or more residential units within the built-up area;
  2. The addition of a residential building with more than three stories;
  3. Adding or building one or more homes outside the built-up area.

2 Hospitality and retail:

  1. The establishment, modification, or expansion of hospitality or retail businesses outside built-up areas;
  2. The establishment, modification, or expansion of food and beverage establishments within the built-up area.

3 Sports, Community, and Recreation:

  1. The development of large-scale community facilities (such as multi-purpose centers);
  2. The development of sports infrastructure, including sports complexes and sports halls;
  3. All projects related to intensive day-use and overnight recreational activities, including associated facilities such as recreational areas and campgrounds.

4 Companies

  1. Establishing, modifying, or expanding a business outside an industrial park;
  2. The establishment, modification, or expansion of all businesses classified in environmental category 3 or higher.

5 Agriculture

  1. The establishment, modification, or expansion of an agricultural building site larger than 2 hectares.

6 Renewable Energy

  1. The construction of one or more wind turbines;
  2. The construction of a solar farm covering at least 1 hectare;
  3. The generation and/or storage of other forms of energy, excluding the generation and storage of energy for a single residence.

7 Infrastructure and Utilities

  1. The construction of large-scale above-ground and underground infrastructure (structures).

8 Large-scale earthmoving

  1. Large-scale earthmoving as defined in the policy framework for large-scale earthmoving adopted by the council.

9 Sensitive Topics

  1. If—in the opinion of the executive board there is social unrest or other politically sensitive initiatives.

Amendment to the environmental plan

New land-use developments that cannot meet the requirements of a BOPA may be environmental plan through an amendment to the environmental plan . An amendment may or may not be municipal council by the municipal council .

Prerequisites for amending the environmental plan

The following applies to the adoption of an amendment resolution:

  • There must be a balanced allocation of functions across locations. The balanced allocation of functions across locations is the successor to the principle of sound spatial planning. In doing so, we apply a broader balancing of interests that encompasses the entire physical living environment. This means that we also take into account aspects such as health, safety, livability, and sustainability in the balancing of interests.
  • The guidelines issued by the province and the national government, as set forth in the Gelderland Environmental Regulation and the Living Environment Quality Decree, must be complied with.

We expect applicants to provide a justification (including any relevant studies) demonstrating that the specified Requirements be met.

Procedure for Amending environmental plan

A decision to amend the environmental plan —just as in current zoning plan procedures—based on the comprehensive preparatory procedure set forth in the General Administrative Law Act.

Technical Requirements for the Amendment to environmental plan

At present, as a municipality, we are working on a basic framework and sets of rules for spatial development in accordance with the new STOP/TPOD technical requirements of the Omgevingswet. Until this basic framework and these sets of rules are available, we environmental plan an amendment to the environmental plan based environmental plan the technical requirements of TAM-IMRO. Publication will therefore proceed in the “old” manner via Ruimtelijkeplannen.nl and Official Notices. With regard to the rules and maps, the TAM-IMRO amendment resolution uses the locally applicable zoning plan as its starting point. As for the justification accompanying TAM-IMRO plans, we are working on a model framework that addresses not only the current aspects falling under the umbrella of sound spatial planning but also aspects such as health, safety, quality of life, and sustainability.

West Maas en Waal, November 24, 2023