Key Benefits:
Law of 19 January 2006 laying down rules on efficient and efficient space use and optimal living environment quality in urban and rural areas and with regard to coordination of procedures (Internal city-and-environmental approach)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable, in certain cases, to permit derogation from legislation in the interests of efficient and efficient use of space and the achievement of optimal quality of life and that it should be possible to ensure that the quality of life in the Member States of the Union is not possible. Furthermore, it is desirable to regulate a procedure in the law for the coordination of decision-making in order to speed up decision making;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Environmentally Sensitive Destinations: buildings and land which, by their nature, are intended for the stay of persons during the day or night or in any part thereof;
b. project area: area under which the Articles 2 , 3 or 9 deviate from legal requirements;
c. Environmental quality standard: standard required by law regarding the quality of a component of the environment;
d. environment permit: environment permit as intended Article 1.1 of the General Provisions Act ;
Livestock farming: animal husbandry referred to in Article 1, first paragraph, of the Ammonia And Livestock Farming Act ;
f. highly vulnerable area: highly vulnerable area as intended in Article 1, first paragraph, of the Ammonia And Livestock Farming Act ;
g. Ammonia Emission: Ammonia Emission as referred to in Article 1, first paragraph, of the Ammonia And Livestock Farming Act ;
h. Animal residence: Animal stay as intended in Article 1 of the fragrance and animal husbandry Act ;
Reconstructional area: reconstructional area as intended Article 1 of the Reconstruction Act (concentration areas) ;
j. Our Minister: Our Minister for Housing, Spatial Planning and the Environment, and
k. Inspector: as such by the decision of Our Minister designated.
The municipal council may, for the purposes of establishing the environment-sensitive destinations and of establishing or moving small-scale activities, in the event of job creation and working, in respect of a project area which it has designated. importance of economical and efficient space use and the achievement of optimal living environment quality, decisions:
a. to derogate from an environmental quality standard with regard to soil, sound and air; and
b. by way of derogation from the values and distances specified in the Articles 3 , 4 and 5 of the fragrance and animal husbandry Act .
The Municipal Council may decide on a project area designated by it in the interests of efficient and efficient space use and the achievement of optimal quality of life:
a. that, by way of derogation from Article 4 of the Ammonia And Livestock Farming Act , an environmental permit may be granted for the creation of a livestock sector under the withdrawal of the legal environment permit for an existing animal husbandry situated within that project area closer to a very sensitive area, except that:
1 °. where the number of animals per animal category does not exceed the number of animals which may be present in the existing animal husbandry, the maximum quantity of ammonia emissions from the animal quarters which is to be set up shall be equal to the number of animals to be set up. Ammoniacal emissions which the existing animal husbandry may cause; or
2 °. where the number of animals per animal category of the livestock sector to be established is higher than the number of animals to be present in the existing animal husbandry, the authorised ammonia emission from the animal quarters of the livestock sector to be set up is equal to the ammonia emission which the existing animal husbandry may cause if necessary Article 7 of the Ammonia And Livestock Farming Act applicable, and
b. By way of derogation from Article 6 of the Ammonia And Livestock Farming Act , an environmental permit may be granted for the change of livestock farming under revocation of the legal environment permit for one or more other existing animals within that project area, with the change in livestock production to be added livestock holdings situated closer to a highly sensitive area, subject to the following conditions:
1 °. if the number of animals per animal category does not exceed the number which may be included in the farms to be added together, the quantity of ammonia emission permitted from the animal's quarters to be altered shall not exceed the limit of the number of animals used in the animal species. is ammonia emission which may cause the aggregate holdings to be added, or
2 °. where the number of animals per animal category is higher than the number which may be included in the farms to be added together, the quantity of ammonia emission permitted from the animal's quarters to be altered shall not exceed the limits of the Ammonia emission is to be caused by the production of the aggregate holdings to be added if they Article 7 of the Ammonia And Livestock Farming Act would be applicable.
1 Of the jurisdiction referred to in Article 2 , no use is made:
a. with respect to environmental quality standards, set at or under the Aviation law or the Aviation Law ;
b. relating to environmental quality standards, set at or under Article 5.2b or Title 5.2 of the Environmental Protection Act ;
c. with respect to environmental quality standards, pursuant to Article 108 of the Noise Act to the extent that those standards relate to aerodromes; or
d. To the extent that it leads to a noise load within a dwelling with closed windows, which is higher than 33 dB.
2 Of the power of responsibility, Article 3 , no use is made in respect of part of a reconstruction area where Article 27 of the Reconstruction Act is applicable.
3 The city council makes the authority, intended in the Articles 2 and 3 , use only if:
a. he has found that environmental quality in spatial planning, taking source-related measures and making best use of legal requirements are not sufficient to ensure economical and efficient use of the environment. to achieve space utilization and optimal living environment quality; and
b. a notification as referred to in Article 11 has been done.
1 A decision as referred to in the Articles 2 and 3 contain at least:
a. A description of the project area and one or more cadastral maps showing the delimitation of that area;
b. the environmental quality standard or the other legal requirement in respect of which the decision contains a derogation;
c. the standard with regard to the quality of the environment or the other legal requirement, which is to replace the environmental quality standard or the other legal requirement of which a derogation is made;
d. the manner in which adverse effects on the environment of a decision as referred to in the Articles 2 and 3 be limited and offset to the extent necessary; and
(e) the period for which the derogation applies.
2 Without prejudice to the first paragraph, a decision shall be as set out in Article 2 with reference to the attached cadastral card:
a. a description of the immovable property to which that decision relates;
b. the cadastral designation of those immovable property;
c. the size of each of the parcels concerned according to the basic registration register; and
d. if any immovable property included in the description constitutes a part of a plot, the size of that parcel.
3 On the attached cadastral card referred to in paragraph 2, the relevant immovable property and the corresponding parcels and parcel areas are clearly indicated.
The justification of the decision, as referred to in the Articles 2 and 3, contain at least a description of:
a. The vision of the local council on the desired habitat quality of the project area, including in relation to the space use and the quality of life in the area within which the project area is located;
b. the manner in which attempts have been made or considered by taking into account environmental quality in spatial planning, source-related measures and optimal utilisation of legal requirements economical and efficient space use and optimal use living environment quality;
c. the constraints encountered or foreseeable with regard to an environmental quality standard or other legal requirement and a statement on the added value of the derogation from that requirement with a view to achieving economic efficiency and efficiency; Efficient space use and optimal living environment;
d. the consequences of the implementation of the decision for the different parts of the environment, public health and objects within the project area;
(e) the considerations relating to the limitation and to the extent necessary to compensate for the adverse effects on the environment caused by the derogation from an environmental quality standard or by any other legal requirement;
f. the manner in which the preparation of the decision involves stakeholders and administrative bodies to which it is concerned;
g. the views expressed and opinions delivered and the views of the municipal council regarding the views expressed and opinions expressed; and
h. if the decision contains a specified period, the considerations leading to the period specified in the decision for which the derogation applies and the measures that will be taken in order not to exceed that period.
In so far as the adverse effects on the environment of a decision as referred to in the Articles 2 and 3 may not be prevented or limited, those adverse effects are compensated in or in the immediate vicinity of the project area in a manner that interests, mentioned in the chapeau of the Articles 2 and 3 That's right.
If the implementation of a decision as referred to in the Articles 2 and 3 has unforeseen and intolerable effects on the environment or public health, takes the necessary measures to bring those effects up to a tolerable level.
If on part of a reconstructional area Article 27 of the Reconstruction Act apply, may provincial states of the province in which that reconstruction area is wholly or largely situated in respect of a project area which they designate within that part of the reconstruction area in the interests of thrifters and Efficient space use and the achievement of optimal living environment quality, decisions:
a. that, by way of derogation from Article 4 of the Ammonia And Livestock Farming Act , an environmental permit may be granted for the establishment of a livestock husbandry under the withdrawal of the legal environment permit for an existing animal husbandry which is closer to a very specific area within the project area, referred to in the chapeau. vulnerable area is established, subject to the following:
1 °. where the number of animals per animal category does not exceed the number of animals which may be present in the existing animal husbandry, the maximum quantity of ammonia emissions from the animal quarters which is to be set up shall be equal to the number of animals to be set up. Ammoniacal emissions which the existing animal husbandry may cause; or
2 °. where the number of animals per animal category in the livestock sector to be established is higher than the number of animals to be present in the existing animal husbandry, the authorised ammonia emission from the animal quarters of the livestock sector to be set up is equal to the ammonia emission which the existing animal husbandry may cause if necessary Article 7 of the Ammonia And Livestock Farming Act applicable, and
b. By way of derogation from Article 6 of the Ammonia And Livestock Farming Act , an environmental permit may be granted for the change of livestock farming under the revocation of the legal environment permit for one or more others within the project area, referred to in the chapeau, existing, with the change to be changed add livestock farming closer to a very sensitive area, it being understood that:
1 °. if the number of animals per animal category does not exceed the number which may be included in the farms to be added together, the quantity of ammonia emission permitted from the animal's quarters to be altered shall not exceed the limit of the number of animals used in the animal species. is ammonia emission which may cause the aggregate holdings to be added, or
2 °. where the number of animals per animal category is higher than the number which may be included in the farms to be added together, the quantity of ammonia emission permitted from the animal's quarters to be altered shall not exceed the limits of the Ammonia emission is to be caused by the production of the aggregate holdings to be added if they Article 7 of the Ammonia And Livestock Farming Act would be applicable.
1 In a reconstruction area, preparation, taking, adoption of the decision, is intended. Article 9 , and the action brought against the decision on the adoption of that decision, at the same time as the preparation, taking and adoption of the decision establishing the reconstruction plan, Article 11, first paragraph, of the Reconstruction Act (concentration areas) , the modified reconstruction plan, referred to in Article 17 (4) of that Law , or the elaboration of the reconstruction plan, Article 18, first paragraph, of that Act , and the appeal against any of those decisions.
2 The application of the first paragraph shall include: Article 4, third paragraph , 5, 1st Member , 6 , 7 , 8 , 11 , 14 and 15 of this law and the Articles 15 , 16, first paragraph , and 28 of the Reconstructionwet (concentration areas) law applicable mutatis mutandis, except that:
(a) "City Council" shall be understood as "provincial state of the province in which the reconstruction area is wholly or largely situated";
b. "Mayor and aldermen" shall be understood to mean "Member States of the province in which the reconstruction area is wholly or in large part";
c. "Member States" shall mean "Our Minister and Our Minister of Agriculture, Nature and Food Quality";
d. the communication referred to in Article 11, third paragraph, of this Law is also placed in the Official Gazette, and
e. also in the case of: Article 16, third paragraph , or 17, sixth paragraph, of the Reconstructing Act, concentration areas , Member States of the province in which the reconstruction area is wholly or largely situated, a decision as referred to in Article 4 (2) of the EC Treaty. Article 9 of this law.
3. failure to publish a decision on the adoption of a decision in good time as intended to Article 9 of this act or of a decision to postpone the decision on approval shall not have the effect of adopting a decision approving the said act.
4 If approval is withheld from the reconstruction plan that relates to the project area, the decision shall also be withheld. Article 9 of this law.
1 Mayor and aldermen report the intention to make a decision as intended Articles 2 and 3 to be taken to deputed States.
2 The notification referred to in paragraph 1 shall contain at least:
a. A description of the project area and one or more cadastral maps showing the delimitation of that area;
b. the desired space use in the project area, to the extent that this is related to the application of Article 2 or 3 ;
c. a description of the conditions under which it is expected to take into account environmental quality in the spatial planning, the taking of source-related measures, and the optimal use of legal requirements sufficient to achieve economical and efficient space use and quality of life;
d. the environmental quality standard or the other legal requirement of which derogation is envisaged; and
e. a description of the implications for the environment and public health in the project area to be expected.
3 The notification referred to in paragraph 1 shall be notified simultaneously by notification of the notification or its contents in a publicly issued sheet, a newspaper or a newssheet or a home page, and by electronic means.
4 Mayor and aldermen shall send a copy of the notification, referred to in paragraph 1, to the inspector.
1 In this Article, the competent authority shall mean a management body responsible for implementing an environmental quality standard or other legal requirement based on a project area. Article 2 or 3 derogation shall be considered.
2 On the preparation, taking and the time-of-day of the decision, intended to be taken into account in the Articles 2 and 3 or 9 , be Article 3.8 of the Spatial Planning Act and the provisions concerning the establishment and content of the zoning plan laid down by that law, mutatis mutandis, on the understanding that:
a. Mayor and aldermen simultaneously with the terinzalegation of the draft decision, intended in the Articles 2 and 3 , give the competent authority the opportunity to deliver an opinion on the draft decision, unless an institution of the municipality has been designated as the competent authority or adviser;
b. Degraded States simultaneously with the terinzalegation of the draft decision referred to in Article 9 , give the competent authority the opportunity to deliver an opinion on the draft decision, unless an institution of the province has been designated as the competent authority or adviser;
(c) the competent authority, in the preparation of its opinion, involves the administrative bodies designated by law to advise him on the matter;
d. pointed out views on the draft decision referred to in Article 9 , as soon as possible, but in any case a day after the completion of the final decision of the draft decree to our Minister and our Minister of Economic Affairs, Agriculture and Innovation shall be sent.
1 To a decision of the Municipal Council to amend a decision as referred to in the Articles 2 and 3 are the Articles 5 to 8 , 11 , 12, first and second paragraphs (a), (c) and (d) , 16 and 18 applicable mutatis mutandis.
2 On a decision of the Municipal Council to repeal a decision as intended in the Articles 2 and 3 are the Articles 11, first, third and fourth members , 12, first and second paragraphs (a), (c) and (d) , 16 and 18 applicable mutatis mutandis.
1 The governing body entrusted with the implementation and monitoring of compliance with environmental quality standards, intended to be implemented in Article 2 (a) , or the other legal requirements, specified in the Articles 2, part b , and 3 , in the exercise of its task in respect of a project area, takes the decision, intended in the Articles 2 and 3 -In eight.
2 The governing body empowered to take a decision on an application for an environmental permit for activities relating to an establishment plan as intended for the purpose of Article 2.1, first paragraph, point (e) of the General Provisions Act Takes a decision as intended in the Articles 2 and 3 8 in respect of:
a. Deciding on an application for an environment permit; and
b. applying Article 2.31, first paragraph, point (b) and second paragraph (b) of the General Provisions Act .
1 Mayor and aldermen shall send a copy of the decision referred to in Article 2 , to the relevant office of the Land Registry and Public Registries for registration of that Decision in the Public Registries, referred to in Section 2 of Title 1 of Book 3 of the Civil Code . Article 24, first paragraph , and Article 26 of Book 3 of that code do not apply.
(2) If a decision as referred to in paragraph 1 has been deleted, repealed or amended by a decision or judgment, the mayor and his holders shall notify the office referred to in paragraph 1. The first paragraph shall apply mutatis mutandis.
1 For the possibility of appeal under Chapter 8 of the General Administrative Law A single decision shall be deemed to be a decision in accordance with Article 9 and a reconstructional plan or a modified reconstruction plan. Article 29, second paragraph, of the Reconstruction Act concentration areas shall apply mutatis mutandis.
2 The appeal against a decision in implementation of a decision as referred to in Article 9 cannot find any ground for reservations against the latter decision.
1 The Experimented Law City and Environment shall be withdrawn.
2 The Experimented Law City and Environment shall continue to apply to acts adopted before 1 January 2004 as referred to in Article 3, first paragraph, of that Act , except that for the application of Article 14 (1), first sentence, first sentence and third paragraph, of that Act Deputed States to replace Our Minister.
This law is cited as: Interimwet city-and-environmental approach.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 19 January 2006
Beatrix
The Secretary of State for Housing, Spatial Planning and the Environment
,P. L. B. A. van Geel
Issued the thirty-first January 2006The Minister of Justice
J. P. H. Donner
