Applying for an environment permit or a change in the environment plan

1. First consult your municipality (vooroverleg)

Talk to your municipality before you apply for an environment and planning permit. During this so-called vooroverleg, you and your municipality representative together check:

• the function of your premises and the ground upon which it stands
• whether your plans comply with the municipal rules
• any possibilities for deviating from the basic rules

Next, the municipality will advise you what to do. In some cases, they may advise you to request a concept application for an environment and planning permit. Your plan will then be reviewed on a preliminary basis, based on the limited details available.

Request a vooroverleg via the Omgevingsloket (in Dutch).

2. Apply for an omgevingsvergunning, or request a change in the environment plan

An activity may be within the scope of the environment plan, but still requires an environment and planning permit. This is called a binnenplanse omgevingsplanacitiviteit (in-scope environment plan activity, or OPA, in Dutch).

Is the activity not within the scope of the environment plan? There are 2 options:

• You can apply for an environment and planning permit for a buitenplanse omgevingsplanactiviteit (out-of-scope environment plan activity, or BOPA, in Dutch);
• or you can apply for a change in the environment plan (in Dutch).

Is there no form for your specific plan? Then use the general form 'Afwijken van regels in het omgevingsplan' (deviating from the environment plan rules). After that, you can apply for an environment and planning permit or a change (in Dutch) via the Omgevingsloket. After your application, you will receive a confirmation from your municipality.

3. Check the decision period

The decision period starts as soon as the municipality receives your application. The regular procedure applies to most applications. The decision period is 8 weeks in that case.

If the plans deviate from the environment plan and your application is BOPA, an extensive procedure may be needed. In that case, the municipality will decide within 6 months of your application.

For both procedures, the municipality may extend the deadline once, by 6 weeks.

If the municipality misses the deadline, you can hold it liable for damages or negligence. For more information, visit your municipality’s website.

4. Be aware of the cost of an environment and planning permit

You have to pay a processing fee for your permit application. In Dutch, this fee is called leges. The municipality will send you an assessment, depending on the construction costs and municipal rules.

5. Check what you need to do if granted a temporary environment and planning permit

The municipality may also grant you a temporary omgevingsvergunning. In that case, you may only deviate from the environment plan for a specified period. After this period, there may be a new environment plan that permits the new situation. Or you will have to return the situation to its former state.