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House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

Building houses near an industrial estate is not straightforward. On the one hand, it must be guaranteed that the homes to be built offer a proper quality of life, but, on the other, this may not impede the nearby businesses in their operations. On 14 June 2017, the Administrative Jurisdiction ... Read More »

Sustainable urbanisation ladder: qualitative need is not sufficient to rule out unacceptable vacancy

Sustainable urbanisation ladder: qualitative need is not sufficient to rule out unacceptable vacancy

In a ruling of 17 May 2017 (ECLI:NL:RVS:2017:1309) a zoning plan which included an XL supermarket failed. No investigation had been carried out into other, realistic spatial planning options for a supermarket. The conclusion of the report, that there is a qualitative need and that on this basis it is ... Read More »

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 »

Ladder for sustainable urbanisation: relativity, offices, events and correction to 8:69a Awb

Ladder for sustainable urbanisation: relativity, offices, events and correction to 8:69a Awb

In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:671), the Division gives an opinion on a zoning plan that provides for five sub-plans zoned for ‘Mixed use’. The planning regime in force prior to that consisted of a detailed zoning plan that was not realised due to a change in the ... 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 »

EU referendum (should we stay or should we go?) – Employment implications

EU referendum (should we stay or should we go?) – Employment implications

On Thursday, 23rd June 2016, the public will determine whether the United Kingdom remains in the European Union. A lot has been written and said by the ‘Brexit’ and ‘Bremain’ camps about the impact of that decision, most recently by the US President. However, casting political allegiances aside, what could ... Read More »

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