Request in principle for departure from spatial planning rules
You have a plan for a spatial intervention (for example, building a new house). You then want to know whether it is permitted to carry out the plan and what needs to be regulated in order to do so. If your plan fits into the environmental plan, it is usually sufficient to apply for an environmental permit. Simple plans sometimes do not require a permit.
Directly arrange
If your plan does not fit into the environmental plan, you need an environmental permit that deviates from the environmental plan. Or you may need to request an amendment to the environmental plan. Before incurring costs in preparing for such a procedure, it may be wise to submit a request in principle.
What is a request in principle?
The request in principle is not an official application. It is merely a request to see if the municipality is in principle willing to start a procedure for your plan. If the plan fits well in the surroundings and complies with policy and regulations, there is a good chance that you will receive a positive decision in principle. You can use the answer to the request in principle to assess whether it makes sense to apply for an environmental permit or to submit a request to amend the environmental plan.
You will receive a written response to your request. This answer is a statement of principle from the Municipal Executive. The answer is therefore not a decision open to objection and appeal. No rights can be derived from the statement of principle. In the letter you receive from us, we explain how the procedure proceeds.
Submitting a request in principle is not mandatory. You can also directly submit an application for an environmental permit or amendment to the environmental plan. To get an estimate of whether the municipality is willing to start a procedure for your plan, we recommend submitting a request in principle.
What does it cost to apply for a request in principle?
We charge a fee for handling an application in principle. See the current fees in the fees regulation.
If you submit an application for an environmental permit or amendment to the environmental plan within four months of the ruling in principle, this amount will be deducted from the amount you have to pay for the application.
What to do.
Through the Omgevingsloket you can do a permit check. If you do not need an environmental permit (permit-free) or if your plan complies with the environmental plan and can be realized with an environmental permit , you do not need to submit a request in principle.
Is it necessary to deviate from the environmental plan for your plan? Then submit a request in principle. We recommend that you also discuss the plan with any stakeholders in this step. Your plan may affect people and businesses in the area. That is why we always ask you to talk to your neighbors. Your neighbors will appreciate hearing about your plan in good time.
You can submit a request in principle online using the form above (under direct management). The request must be accompanied by a justification of the plan and a clear sketch of the situation. Below you will find an explanation of the form. Do you need help filling out the form? Please contact us.
After you submit a request in principle, the formal processing of the request begins. You will receive a confirmation and an invoice for the costs. You can expect a decision in principle from the Municipal Executive within 6 to 12 weeks.
After reviewing the plan, you will receive a response. Is this positive? Then you can develop your plan further.
Procedure after request in principle
With a positive decision from the Municipal Executive, a planning procedure does not start immediately. You must submit an application. It is possible that the Municipal Executive will give you a number of points for consideration in its statement of principle. Together with the municipality you incorporate these points of interest in your plan.
After your request for principle has been evaluated, you will receive a response from the municipality. Even if the response is positive, you may not implement the plan immediately. The response only means that the municipality is in favor of starting a procedure for an environmental permit or amendment of the environmental plan. Sometimes the approval will have Requirements attached to it, which you must take into account when further developing the plan and preparing for the procedure. Once you have developed the plan further, you can apply for an environmental permit or for an amendment to the environmental plan. You can apply for an environmental permit through the Omgevingsloket. An application to amend the environmental plan can be made by mail via a signed request for amendment of the environmental plan. The application starts the planning procedure.
What should you consider?
An application for an environmental permit or amendment to the environmental plan is not automatically granted after a positive decision in principle. Participation prior to the procedure may lead to different insights. Policy or legislation may also change. During the planning procedure, views may be submitted and advisory bodies may issue opinions on your plan. The submitted views and advice are taken into account in the final decision on your application. The reconsideration may lead to modification or refusal of the decision.
