Spatial Planning Act amended

The “old” Spatial Planning Act (Wro) was replaced by a completely new Act on 1 July 2008. The purposes of the amended Act are more efficient decision-making, closer compliance, improved legal protection and to clarify who is responsible for what.

Central government, provincial and municipal authorities will record in spatial plans what Nederland will look like in the near future and beyond. They will draw up structural concepts on the basis of the new Act. The new WRO provides rules as to how these concepts and plans are to be drawn up and modified. Structural concepts will replace the key national spatial planning decision (central government), the regional (provincial authorities) and the structural plan (local level). Policy targets evolving from the structural concept will be set out in zoning plans.
In principle, local authorities draw up zoning plans. State and provincial authorities may impose general rules for local authorities which the latter must abide by. If central government and provincial authorities decide that they themselves are responsible for a specific development or area, they may decide on a zoning plan themselves. The new Act strengthens the status of zoning plans. The new Act provides that a zoning plan must be in place for the entire territory of a municipality, and zoning plans must be digitally available. Plans are to be reviewed within ten years of adoption. The procedure for adoption of zoning plans will be significantly shorter.

Finally, enforcement of the Wro is facilitated. Municipal authorities may for instance impose penalties or fines, or exercise administrative enforcement if needed to fight activities that violate a zoning plan. Also, civil servants entrusted with compliance will have more powers. The Wro includes a coordination scheme for central government, the provincial and local authorities as regards change of designated use, permits and the like. This will enhance efficient project decision-making: simultaneous preparations and announcement of decision, bundling legal protection (decisions will be considered as a single decision in appeal proceedings) and a single instance for appeals.

Summarized: Enough changes to seek the advice from a legal expert if you have to deal with the new Dutch Spatial Planning Act.

For more information, please contact Astrid Temmerman, Notarial Practice.

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