Through the national Omgevingsloket, you can Rules on the map Check for yourself whether your (building) plan and its intended use comply with the Apeldoorn municipal environmental plan. Take a look at the Explanation of the rules on the map.
Does your plan not comply with the current local development plan?
There may still be some options available. Residents, businesses, organisations and local authorities are, first and foremost, bound by the rules set out in the environmental plan. However, there are also opportunities to deviate from these rules. This can be done in three ways:
- With an environmental permit for an activity covered by the local environmental plan (OPA).
- Through an off-plan environmental planning activity (BOPA).
- Subject to an amendment to the environmental plan.
The environmental plan may set out exemption rules allowing for a deviation from a particular rule. It also specifies the conditions that must be met in order to be granted an exemption. We refer to this as a ‘deviation within the plan’ for which an environmental permit is required.
This often requires an environmental planning permission for development. Any deviation from the environmental plan is then subject to the Procedure for the environmental planning activity – construction. Applications are submitted via the national environmental service portal.
Cost
The cost of a deviation from the local plan is €283.80. Costs may also apply for the ‘building’ activity under the Environmental Planning Act or other relevant activities.
If it is not possible to implement your plan with an environmental permit for a deviation within the plan, it may be possible to do so with an environmental permit for a deviation outside the plan. A condition for granting this planning permission is that there must be a ‘balanced allocation of functions to the site’. To assess this, further investigations may be required, such as a soil survey, a parking study or environmental assessments. The local authority will consider whether the plan is desirable, fits in with the surrounding area and whether there is a ’balanced allocation of functions to the site’. All of this must be justified in a spatial justification report.
We recommend that, for both minor and major discrepancies, you consult an expert to ensure you receive the correct guidance and that the necessary documents are prepared. If you use the weighting model, please also complete the relevant weighing form.
We recommend that you first draft request to submit it and have the feasibility of your plan assessed in broad terms. Various experts within Apeldoorn City Council will review your (building) plan and provide initial advice on its feasibility.
An environmental planning permission for construction, or an environmental planning permission for technical construction works, is often required. Any deviation from the environmental plan is then subject to the Procedure required for the environmental planning activity – building. Applications are submitted via the national environmental service portal.
Cost
The cost of an environmental permit for a deviation from the plan starts at €454.05 for small, straightforward deviations. Depending on the nature of the deviation, the scale of your building project, the construction costs and whether there is already an established policy in place, these costs may be higher. If you also require other planning permissions, such as for ‘technical construction’, you will need to pay the relevant fees for these as well.
If it is not possible to carry out your plan with an environmental permit for both a deviation within the plan and a deviation outside the plan, it may be possible to amend the environmental plan.
This starts with submitting a draft request to have the broad outlines of your plan assessed for feasibility by various experts within the municipality of Apeldoorn. They will provide initial advice on the feasibility of your plan. Find out more about the weighting model, so that you know what the local authority is looking at when assessing your plan.
If your plan is found to be feasible, you will then begin the consultation process, during which you will present the plan to the local community or other stakeholders. At the end of this process, you will draw up a participation report. Depending on the outcome of the participation process, we will offer a preliminary agreement. Once the agreement has been approved and payment has been made, we will begin preparations to amend the environmental plan.
Processing time and licence application
Please bear in mind that the procedure for amending an environmental plan takes a total of at least one year, calculated from the date the agreement is signed and the fees are paid until the amendment to the environmental plan is adopted. Once the amendment has been adopted, an appeal may be lodged with the Council of State. The processing of this appeal may also take a further year or longer. Once the amendment to the environmental plan has been adopted, you should apply for the necessary environmental permits in order to actually be able to carry out your plan.
Deviating from the rules set out in the environmental plan may cause financial or economic loss to third parties or local residents. They may claim compensation from us. This is known as compensation for loss. If your project deviates from the environmental plan, you will be required to sign an agreement in which you agree to bear the cost of any compensation for loss that may be payable. For more information on what types of loss are eligible for compensation, please visit the webpage on planning damage/compensation for loss.