The Environment and Planning Act since 2024: what changes for your project?
The environment plan replaces the zoning plan and permits have new names. What does the Environment and Planning Act mean in practice?
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On 1 January 2024, the Environment and Planning Act (Omgevingswet) entered into force. The Act brings together a large number of statutes and regulations on spatial planning, the environment, nature, water and construction. Its aim is a simpler and more transparent system. In practice, the transition still demands a great deal of attention from public authorities and project initiators.
From zoning plan to environment plan
Under the Environment and Planning Act, every municipality has a single environment plan (omgevingsplan) covering its entire territory. On entry into force, the existing zoning plans (bestemmingsplannen) and a number of other rules automatically became part of a temporary environment plan. Municipalities have until 2032 to convert that temporary plan into a new environment plan. Until then, the environment plan therefore consists of old and new rules side by side, which does not always make it easier to establish what is permitted at a given location.
New permits, new names
The environmental permit still exists, but it is now structured around activities. These include the technical construction activity, the environment plan activity, the environmentally harmful activity and the Natura 2000 activity. If an initiative does not fit within the environment plan, a permit for an activity outside the environment plan (buitenplanse omgevingsplanactiviteit) may offer a solution. Many applications follow the regular procedure, with a decision period of eight weeks that may be extended once by six weeks. More far-reaching decisions follow the extended procedure.
Public participation
The Environment and Planning Act requires initiators to state in their application whether and how they have involved interested parties. In certain cases, municipalities can make participation mandatory. A sound participation process can prevent objections and speed up the procedure.
Quality assurance in construction
The Building Quality Assurance Act (Wet kwaliteitsborging voor het bouwen) entered into force at the same time as the Environment and Planning Act, initially for simple structures in consequence class 1. For those structures, it is no longer the municipality but an independent quality assurance provider that checks whether the building complies with the technical rules. The contractor's liability for defects has also been tightened.
The Environment Desk
Under the Environment and Planning Act, applications and notifications are submitted through the Environment Desk (Omgevingsloket), part of the Digital System for the Environment and Planning Act (Digitaal Stelsel Omgevingswet). The rules of the environment plan can also be consulted there. In practice, the digital presentation of the rules is not yet always complete. For an important project, it is therefore advisable to verify the applicable rules with the municipality as well.
Transitional law
For applications and procedures started before 1 January 2024, the old law still applies in many cases. Which rules apply to your project therefore depends on when the application was submitted or the decision was prepared.
Our role
We advise public authorities on drawing up environment plans and decisions, and businesses on their applications and on objection and appeal proceedings. We map out for you which activities your project involves, which authorisations are required and which transitional rules apply.
This article contains general information and does not constitute legal advice. Legislation and case law may change, and the outcome always depends on the circumstances of your situation. For advice on your matter, please get in touch with us.
