Plan damage refers to the damage you suffer due to an amendment in the zoning plan. In Westland, you can apply for compensation from the municipality.
What does plan damage entail?
Plan damage occurs when an amendment in the zoning plan results in:
- A lower value of your house or plot
- Loss of income (for example, for farmers)
Examples of plan damage
| Cause | Effect |
|---|---|
| New homes next to your house | Loss of view or privacy |
| Business park nearby | Nuisance and loss in value |
| Change in designation of your land | Limited usage options |
| New infrastructure (road, train) | Noise nuisance and value loss |
How do you apply for compensation?
- Submit a request to the Municipality of Westland
- Pay the threshold costs (often around € 300)
- An expert assesses your situation
- The municipality decides on your application
Conditions for compensation
- The damage must exceed the normal societal risk
- The damage must not have been foreseeable (risk acceptance)
- The damage is not covered or compensated in another way
Societal risk
A portion of the damage is at your own expense:
- At least 2% of the value of the real property pursuant to the law
- In case of indirect damage, this may amount to 4% or higher
Frequently asked questions about plan damage
Is the threshold amount refunded?
Yes, if (partially) granted, you will receive the threshold amount back.
What is the time limit for applying for plan damage?
You have 5 years after the zoning plan becomes definitive to submit an application.
What if I disagree with the decision?
You can file an objection with the municipality and subsequently appeal to the District Court of The Hague.
Extra questions and answers
How do I know if I am entitled to compensation?
You are entitled to compensation if your home or land has decreased in value due to a zoning plan amendment, or if you have suffered income loss. The damage must exceed the societal risk (at least 2%) and must not have been foreseeable. Check whether the amendment has an impact and whether you are within the 5-year period.
What to do if my application is rejected?
If rejected, you can object to the Municipality of Westland within 6 weeks. Follow the instructions in the rejection letter. If your objection is rejected, you can go to the District Court of The Hague. Consider legal assistance via the Juridisch Loket Westland or a lawyer.
How is the amount of compensation determined?
The compensation depends on the decrease in value of your property, minus the societal risk (often 2%). An independent expert compares the value before and after the amendment. In case of income loss, the actual loss is calculated, taking into account factors such as nuisance.