Leudal environmental plan
Suppose you want to know if you can put a dormer window. Or how high the houses that are built further away can be. Or which noise standards you, as an entrepreneur, must comply with. Under the Omgevingswet many of these kinds of rules will be in one place: in the Leudal Environment Plan.
On January 1, 2024, the Omgevingswet entered into force. Municipalities must have adopted an environmental plan for their entire territory by January 1, 2032. This environmental plan contains rules that help enable developments while protecting our physical environment. Think of rules on construction, use of buildings, monuments, water, nature and environment.
Temporary environmental plan 'by operation of law'
Once the Omgevingswet takes effect, Leudal will automatically receive a temporary environment plan 'by operation of law'. This will contain the zoning plans as they were before January 1, 2024. Together with specific rules on building and environment that will go from the state to the municipalities.
Why are we creating a Leudal Environmental Plan?
Currently, these rules are still found in many different places: in zoning plans, municipal ordinances, and in government regulations. Moreover, rules and concepts from zoning plans and their interpretation may vary from one area to another. By bringing rules together in one coherent environmental plan, they will become clearer and easier to find.
This allows us to better respond to major developments and ensure a well-designed, safe and healthy living environment. It also makes it faster and easier for you to see what rules apply in a particular place.
This is how we tackle this in Leudal
We have until Jan. 1, 2032, to create a new, coherent environmental plan. That won't happen overnight with so many rules.
That's why we take it one step at a time.
We replace the zoning plans. We do this by area, for example, first the residential areas, then the business areas, and then one or more parts of the rural areas follow. Meanwhile, we add more rules from ordinances, for example about tree felling. This transition process lasts until 2032.
Rules and concepts that now differ unnecessarily from one area to another are hereby standardized as much as possible. This does not mean that all rules will apply everywhere in Leudal. Rules can apply to a specific location, to a larger area or to the entire territory.
Here's what's changing about the rules
We leave the content of the rules the same as far as possible. This means that most of the rules will only change their location and sometimes their form, but that their effect in practice will remain the same. A number of rules will change in content to make them clearer or to allow different things at specific locations.
The municipality is obliged to involve the environment when amending the environmental plan. The municipality must announce that it is going to amend the environmental plan, and engage with the environment about it. This is called participation. The environmental plan is also made available for public inspection; anyone can respond to it with an opinion. The municipal council adopts the environmental plan. If you disagree with the amended environmental plan, you can appeal to the Administrative Law Division of the Council of State.
How can you see the environmental plan?
From January 1, 2024, the rules from the environment plan can be viewed via the environment counter. You can then search by Map and see for each location what rules and policies apply.
Amending the environmental plan
It is also possible for new initiatives to "amend" the environmental plan, just as it was possible to amend the zoning plan until January 1, 2024. These amendments to the environmental plan will be prepared by the initiative taker and not by the municipality. In the transition period until Jan. 1, 2032, a separate chapter will be set up in the environmental plan for this purpose. This means that the initiative does not have to wait until the area where the initiative is located is replaced, but can cooperate with the plan in advance.
How does it work?
Sometimes an initiator wants to realize a project that conflicts with the environmental plan. In that case, he usually applies for an environmental permit for a non-plan environmental plan activity (BOPA). This is because this is a simpler procedure than an amendment to the environmental plan.
However, not all initiatives can be authorized with a for an out-of-plan environment plan activity. In that case, an amendment to the environmental plan could be requested.
An application to amend the environmental plan is prepared by the initiator. It is wise to make a draft request first. You will also hear what procedure is required. And what data you need to provide.
An application must contain sufficient information necessary for the decision on the application. In addition, a number of legal and technical components are required. For this purpose, we have prepared a "Handbook for the Environmental Plan. (This will follow in January 2024)
An application for a change cannot be submitted through the environment counter. There is no entrance for this. This is a deliberate choice. The amendment of the environmental plan is a power that the municipality mainly exercises ex officio.
An application for the amendment of an environmental plan you make an appointment through the counter omgevingszaken. Our staff at the environmental affairs counter will be happy to help you in person. To make an appointment, call the Environmental Affairs Counter at telephone number (0475) 85 90 00.
Do you have any questions?
- Do you have questions about the environmental plan in general?
There is much more information about the environmental plan and the omgevingswet law on the websites of the VNG and the IPLO. - Do you have questions about (viewing) the Leudal environmental plan?
Please contact the Environmental Affairs desk at telephone number (0475) 85 90 00. - Do you have questions about amending an environmental plan for a new initiative?
Please check the page "IPLO Procedure for amending an environmental plan" or contact the environmental affairs counter, at telephone number (0475) 85 90 00.