You may suffer (financial) loss if the local authority takes a planning decision. This usually takes the form of a new environmental plan or an environmental permit to deviate from an environmental plan. You may be eligible for compensation for this. This loss is also known as ‘planning damage’. Article 6.1 of the Spatial Planning Act sets out the spatial measures that may give rise to planning damage.
The Environment Act came into force on 1 January 2024. The damage we refer to as ‘planning damage’ is now known as ‘compensation for loss’. Article 15.1 of the Environment Act lists the spatial measures that may cause loss.
Depending on the date on which the decision was taken, you may be eligible for planning damage compensation or compensation for loss. There are, however, differences between the planning damage scheme and the compensation for loss scheme. To determine which scheme applies to you, it is important that you indicate on the application form which decision you believe has caused you damage.
A number of conditions apply when assessing whether planning damage or compensation for loss has occurred. Among other things, you must be the owner of a property which, as a result of a deterioration in the planning situation, has suffered a reduction in value or a loss of income. There is no entitlement to compensation if the loss was foreseeable. Furthermore, part of the loss may fall within the scope of normal social risk. If the loss is otherwise adequately insured, there is no entitlement to compensation.
The fee for submitting a claim for planning damage compensation is €300. This fee will be refunded if we grant your claim in full or in part.
How to submit an application for compensation for planning-related loss or damage.
Private individuals You can log in using the button above (with DigiD).
Entrepreneurs You can log in using the button above (via E-herkenning).
You can also submit your application by post. To do so, please use this application form (pdf, 392 kB). Please send the completed form, signed and accompanied by the required documents, to the Municipality of Apeldoorn, for the attention of Legal Affairs, PO Box 9033, 7300 ES Apeldoorn.
Please call 14 055 if you would like more information.
Your request may be handled by an independent adviser. To this end, your details, together with your request and any attached documents, will be passed on to this adviser.
You can also view the full Rules of Procedure for further information.
The procedure
The procedure for claiming compensation for planning-related loss or damage is as follows:
- We will assess your request in the light of, amongst other things, the requirements of the Spatial Planning Act or the Environment Act
- We will inform any third party concerned of the request
- We can refer the request to an independent and expert adviser
- This adviser will assess your request in accordance with the relevant rules
- The adviser will organise a hearing at which you can explain your request; where applicable, the adviser will arrange an appointment for a valuation
- The adviser will issue a draft recommendation; you and the local authority (and any third parties with an interest) will be given the opportunity to respond to this (in writing)
- The adviser will then issue the final recommendation, taking into account the views expressed
- On the basis of this final recommendation, the Municipal Executive will take a decision on your request.
You can also view the full Rules of Procedure for further information.
- Procedural Regulations on Compensation for Planning-Related Losses 2008
- Apeldoorn Compensation for Losses Regulation
The excess percentage
The Spatial Planning Act refers to ‘normal social risk’ (NMR). The Spatial Planning Act stipulates that any (planning-related) damage falling within the scope of normal social risk remains at the applicant’s expense (Article 6.2(1) of the Spatial Planning Act). The excess is a minimum of 2% and a maximum of 5% of the value (prior to the decision causing the damage being taken) of a property or (where applicable) the income (profit and turnover).
Under the Environment Act, the NMR is being amended. In the case of indirect damage in the form of a reduction in the value of immovable property, a fixed lump sum of 4% is being introduced. This means that 4% of the value of the immovable property immediately prior to the occurrence of the damage remains at the owner’s own expense as damage falling within the scope of normal social risk (Article 15.7 of the Environment Act). This is a fixed lump sum and not a minimum lump sum.
Below are two examples of how to calculate ‘normal social risk’.
- The original value of the property on the reference date is €250,000. The valuation shows that the value has fallen by €8,000. If the social risk is 2%, or €5,000, we will pay compensation for planning loss of €8,000 minus €5,000 = €3,000. In this situation, you will be reimbursed the €300 fee.
- The original value of the property on the reference date (= the date on which the decision came into force) is €250,000. It has been determined that the value has fallen by €8,000. If the social risk is 4%, or €10,000, we will not pay any compensation for planning damage or loss. As we are rejecting your application for this reason, the €300 fee will not be refunded.