BOPA: departing from the environmental plan

If you want to deviate from what is currently possible under an environmental plan, you apply for permission to deviate from that environmental plan with an environmental permit.

What is a BOPA?

If you have a plan that conflicts with the rules of the environmental plan, it is possible to still get a permit, to be allowed to deviate from the rules. This is called a BOPA: an out-of-plan deviation from the environmental plan. For example, when you want to expand your home but that expansion does not meet the dimensions mentioned in the environmental plan. Or when you want to use a building for a different function than allowed in the rules. 

Permit Check

The permit check tells you which activities require an environmental permit. Except for departing from the environmental plan. You must look up for yourself whether your plan fits within the environmental plan .

An application

An environmental permit to deviate from an environmental plan always consists of 1 or more activities, depending on what you are going to do and where you are going to do it. 

  • The basis is to deviate from the environmental plan. 
  • Do you have a dream or idea but haven't worked it out yet? The intake table is there to discuss your dream or idea. We will then discuss whether the development has perspective and is promising.  
  • Use the permit check to see if you need a notification or an environmental permit for the construction activity. You can also see what other permissions may also be required (e.g. demolition, monument, construction).
  • We advise you to submit a draft request first. You will then hear whether your plans are promising and feasible. You will also hear whether your plan fits within the environmental plan. And what procedure is required. We will also tell you what information you need to provide.
  • If your plan does not fit directly into the environmental plan then you can apply for an "out-of-plan environmental plan activity" (BOPA). There are 2 possibilities for this:
    1. Building activity environmental plan
      Are you also going to build or remodel? Then apply for the activity "Building activity environmental plan".
    2. Deviating from rules of the environmental plan
      If your plan does not require construction work, but you only want to deviate from the permitted use of a structure or land, you can apply for the activity "Deviating from rules of the environmental plan. 
  • An environmental dialogue is a mandatory part of the environmental permit application. 

How does it work?

You can submit an environmental permit application through the environmental counter. 

Directly to the environment counter

Submission requirements

An application for an environmental permit to deviate from an environmental plan must be assessed more broadly than an application that fits within the rules of an environmental plan. An out-of-plan environmental plan activity (BOPA) must comply with a balanced allocation of functions to locations and with the instruction rules from the Quality of the Living Environment Decree (Bkl).

To assess this, the Municipality of Leudal imposes application requirements for a BOPA application. The application must contain a good substantiation for the physical living environment. The substantiation must show that the activity is in accordance with a balanced allocation of functions to locations and that the activity is also feasible.

Depending on the size of the plan and the size of the variance, a de a concise or a comprehensive justification is required.

Below are 2 sample manuals outlining what components the substantiation should contain. A consultant, which you can hire yourself, can help you with this. 

How long does it take?

Usually, a BOPA can be handled through a regular procedure (8 weeks + possibility of 6-week extension). However, sometimes a longer procedure is applicable. You will receive a procedure confirmation after submitting the application.

What does it cost?

To apply for a permit, you pay fees. You can find more information about this on the page " omgevingswet Fees".

Do you have any questions?

  • Do you have questions about environmental permits under the Omgevingswet?
    The IPLO website has much more information on the types of environmental permits and the omgevingswet. See, for example:
  • Do you have questions about submitting an environmental permit digitally or don't have a computer?
    If so, please contact the environmental affairs desk at (0475) 85 9000.
  • Do you have questions about whether you may build your building plan and want to be helped on your way?
    Please contact the Environmental Affairs desk at (0475) 85 9000.