Deviating from the Zoning Plan in Westland
In Westland, you can obtain permission from the Municipality of Westland for construction or land-use changes that do not comply with the current zoning plan through a deviation from the zoning plan. This is useful for minor adjustments in greenhouse horticulture areas or temporary projects, and you apply for it via an environmental permit. This keeps spatial planning flexible without immediately amending the plan.
Why deviate in Westland?
The zoning plan in Westland determines what is permitted on a plot, such as greenhouses, housing, or retail. For desired changes that do not fit, such as a slight exceedance of building height for greenhouse expansion, a deviation provides a solution. This saves time and money compared to revising the plan. After the Environment and Planning Act on 1 January 2024, old zoning plans continue to apply under transitional law until replaced by an environmental plan.
Legal basis
The rules for deviations are found in the Spatial Planning Act (Wro) for older cases and the Environment and Planning Act (Ow) for newer ones. Key articles:
- Article 2.12 General Provisions Environmental Planning Act (Wabo): Conditions for environmental permits contrary to the zoning plan (transitional law).
- Articles 5.1 and 5.2 Decree on Quality of the Living Environment (Bkl): 'Minor deviation rules' for small-scale deviations under the Environment and Planning Act.
- Article 4.7 Environment and Planning Act: For temporary deviations.
- Article 3.14 Spatial Planning Act (former): For regular and structural cases.
The Municipality of Westland, as the competent authority, only approves if there is a solid spatial justification and no conflict with higher rules such as national policy.
Options for deviations
Deviations vary in scale and duration. Overview:
| Type of deviation | Legal basis | Conditions | Procedure |
|---|---|---|---|
| Minor deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro (former) | Small changes, e.g. max. 5 m² extra or temporary use | Simplified, often within 8 weeks at Municipality of Westland |
| Regular deviation | Art. 2.12 Wabo / Art. 3.14 Wro | Larger deviations with justification | Standard with public consultation option |
| Temporary deviation | Art. 4.7 Ow | Max. 10 years, renewable | Short decision period |
| Structural deviation | Art. 3.14(1) Wro (former) | Long-term, often with plan amendment | Extended process |
Minor deviation in Westland
Popular for local projects. For example: a dormer 1 meter higher on a house in 's-Gravenzande. If it fits Appendix 2 Bkl, the Municipality of Westland gives quick approval.
The procedure step by step in Westland
Apply via environmental permit:
- Check the plan: Via ruimtelijkeplannen.nl or the Municipality of Westland website.
- Prepare: Prepare justification, drawings and pre-consult with the Municipality of Westland.
- Submit: Via the Online Environmental Desk (OLO).
- Assessment: Review against standards (art. 5.1 Wabo), 8-26 weeks.
- Decision: Approval, refusal or with conditions. Objection within 6 weeks to Municipality of Westland.
- Commence: After permit issuance.
Rights and obligations
Rights:
- Full reasoning for the decision.
- Pre-consultation and opportunity to comment.
- Objection to Municipality of Westland, appeal to District Court Westland.
- Complete application with justification.
- Comply with conditions, e.g. environmental checks for greenhouses.
- Inform neighbors in case of nuisance.
Practical examples from Westland
- Greenhouse expansion: Garden center wants 10 m² more. Minor deviation approved, no parking issues.
- Temporary unit: Housing for seasonal workers, 5 years with demolition obligation.
- Refusal: Shed in protected greenhouse horticulture area, contrary to policy.
Case law (e.g. Council of State) reviews whether the deviation is desirable in terms of planning.
Frequently asked questions
Can I always deviate in Westland?
No, only with legal conditions and proper justification. Larger projects require a plan amendment.
How long does it take?
Minor: max. 8 weeks, regular up to 26 weeks. A complete file prevents delays.
Permit refused?
Objection within 6 weeks to Municipality of Westland, then appeal to District Court Westland. Contact Het Juridisch Loket Westland for free advice.