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The ladder for sustainable urbanisation: a step lower as regards the “new urban development” element

The ladder for sustainable urbanisation: a step lower as regards the “new urban development” element

In a previous contribution¬†I referred to a decision dated 15 March 2017 (ECLI:NL:RVS:2017:694) in correlation with a decision dated 20 April 2016 (ECLI:NL:RVS:2016:1075). In these two decisions, the Administrative Jurisdiction Division of the Council of State (ABRvS) held that, when assessing whether new urban development is involved, account must be ... Read More »

Hefty fine for infringing housing regulations

Hefty fine for infringing housing regulations

Last year, the Municipality of Amsterdam tightened up the regulations for renting residential accommodation via websites like Airbnb. For instance, under the tighter policy, residential accommodation may only be rented by the main occupant, for not more than 60 days per calendar year and to a maximum of four people. ... Read More »

Combination of minor exemptions [kruimelgevallen] in planning matters is possible

Combination of minor exemptions [kruimelgevallen] in planning matters is possible

It is commonplace for a proposed project to be contrary to the applicable zoning plan or applicable management by-laws. In these cases, there are three options to depart from this zoning plan or these by-laws with an integrated environmental permit. One of these options is the so-called minor exemptions scheme ... Read More »

Combination of minor exemptions list elements [kruimelgevallenlijst] in support of office space

Combination of minor exemptions list elements [kruimelgevallenlijst] in support of office space

Some time has now passed since the minor exemptions list was expanded on 1 November 2014 by means of the Crisis and Recovery Act Decree [Besluit Crisis- en herstelwet] (Bulletin of Acts and Decrees 2014, 333). In a ruling of 22 March 2017 (ECLI:NL:RVS:2017:744), the Administrative Jurisdiction Division of the ... Read More »

A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!

A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!

The decision of the Trade and Industry Appeals Tribunal (Cbb) dated 28 February 2017 discussed the evidential value of an inspection report. It is generally assumed that an inspection report drawn up by an inspector of the Netherlands Food and Consumer Product Safety Authority (NVWA) is correct. However, evidence to ... Read More »

New urban development; further developments

New urban development; further developments

In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:694), the Administrative Law Division of the Council of State gave an interesting decision concerning the sustainable urbanisation ladder and the requirements stipulated for the need for a development. Several building supply stores and the owner of a nearby industrial park argued in ... Read More »

A banned substance in animal feed can be reason to impose an administrative fine

A banned substance in animal feed can be reason to impose an administrative fine

If the inspectors of the Netherlands Food and Consumer Product Safety Authority (NVWA) discover a banned substance in animal feed, the State Secretary of Economic Affairs, Netherlands Enterprise Authority (RVO) can impose an administrative fine on the basis of the Animals Act (Wet dieren). On the basis of sections 2.17 ... Read More »

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