Planning Damage from Zoning Plan Amendments in Westland
In Westland, as a resident, you may suffer financial loss due to changes in the zoning plan of the Municipality of Westland. This often results in a decrease in the value of your home, plot, or greenhouse horticulture land. Learn how to apply to the municipality for compensation for this type of plan damage.
What is planning damage from zoning plan amendments?
The zoning plan in Westland determines what is permitted on plots of land, such as residential use, agriculture, greenhouse construction, or businesses. An amendment by the Municipality of Westland can affect nearby properties. Planning damage from zoning plan amendments occurs when the value of your property decreases or your options are restricted, similar to general plan damage but specifically due to plan changes.
Typical in Westland: a plot next to your home changes from residential to greenhouse horticulture zoning, causing nuisance, or new rules block your greenhouse expansion. The key difference from implementation actions (like actual construction) is that the plan decision is central here.
Legal basis
The rules are set out in the Spatial Planning Act (Wro), article 6.1, under which the council of the Municipality of Westland compensates damage from the physical effects of a zoning plan amendment.
From 1 January 2024, the Environment and Planning Act applies, with articles 4.94 to 5.10, plus the Decree on Spatial Planning Rules (Bro) for procedures. The hardship clause (article 4.100 Environment and Planning Act) provides 50% compensation if you did not challenge the amendment in time.
Supreme Court rulings such as ECLI:NL:HR:2013:CA2459 state that only damage that is not normally foreseeable in society qualifies.
When are you eligible for compensation in Westland?
Conditions for your claim with the Municipality of Westland:
- A zoning plan amendment has been adopted.
- It causes financial loss, e.g., decrease in home value (minimum 2% threshold, art. 6.2 Wro).
- Damage from physical effect, such as reduced building options.
- Deviation from the original planning norm.
Two types of plan damage:
| Category | Description | Compensation percentage |
|---|---|---|
| Normally foreseeable | Expected impact of the amendment. | None (except via hardship clause). |
| Unforeseen | Non-exceptional circumstances. | Full compensation. |
Westland-specific examples
Example 1: After your home in 's-Gravenzande, a nearby plot is rezoned to business land for horticulture exports. Value drops €25,000 due to traffic and odors. If unforeseen impact: full claim.
Example 2: Plan amendment in Naaldwijk prohibits greenhouse expansion. Prove loss with valuations for lost income.
Your rights and obligations
Rights:
- Submit a plan damage claim to the Municipality of Westland within 5 years (art. 6.7 Wro).
- Free valuation via the municipality or your own expert.
- Objection/appeal if denied (General Administrative Law Act), via District Court Westland.
Obligations:
- Prove damage with 'before/after' valuations.
- Bear 2% deductible.
- File objection to plan within 12 weeks for hardship clause.
Step-by-step procedure in Westland
1. Submit: Letter with details and evidence to Municipality of Westland.
2. Assessment: Decision within 18 weeks (deemed approval possible).
3. Objection: Within 6 weeks to the council of Municipality of Westland.
4. Appeal: District Court Westland, then Council of State.
5. Payment: Within 30 weeks of final ruling.
Frequently asked questions
Do I need to challenge the plan in Westland immediately?
Not required for plan damage, but prior knowledge results in 50% reduction via hardship clause (art. 6.3 Wro).
How do I prove damage?
With two valuation reports: before and after. Municipality of Westland often arranges free valuer.
Impact of the Environment and Planning Act?
Rules unchanged (art. 4.94 et seq.). Check transitional law for pre-2024 cases.
Can I recover costs?
Yes, if successful: lawyer fees (€750+) and court fee (€26).
Tips for Westland residents
- Document: Plan public inspection and local photos (e.g., greenhouse landscape).
- Expert: Valuer or administrative law attorney for better chances.
- Check: On ruimtelijkeplannen.nl or westland.nl.
- Advice: Call free Legal Counter Westland for intake.
Want to know more? Check our articles on spatial planning in Westland.