Departing from the Zoning Plan in Den Haag
In Den Haag, you can obtain permission from the Municipality of Den Haag for construction or use changes that do not align with the applicable plan through a procedure for departing from the zoning plan. This is useful for minor adjustments in the city, such as in densely populated neighborhoods or along the coast, and it is handled via an environmental permit. This keeps spatial planning flexible without immediately amending the plan.
Why Depart in Den Haag?
The zoning plan regulates what is allowed on a plot in Den Haag, from residential use in the city center to recreation in Scheveningen. For plans that deviate, such as a slightly higher extension or temporary use of a building, departing from the plan provides a solution. This avoids time-consuming plan changes. Following the Environment and Planning Act effective 1 January 2024, existing zoning plans remain in force under transitional provisions until replaced by environmental plans.
Legal Basis
Rules on deviations are set out in the Spatial Planning Act (Wro) for older cases and the Environment and Planning Act (Ow). Relevant provisions:
- Article 2.12 General Provisions for the Environment Act (Wabo): Environmental permit contrary to the zoning plan (transitional law).
- Articles 5.1 and 5.2 Decree on Quality of the Living Environment (Bkl): Minor departure rules for small-scale deviations.
- Article 4.7 Environment and Planning Act: For temporary cases.
- Article 3.14 Spatial Planning Act (former): Standard and structural deviations.
The Municipality of Den Haag, as the competent authority, approves only with robust spatial justification and no conflict with environmental plans or national rules.
Options for Departing
Deviations vary by scale and duration. Overview:
| Type of Deviation | Legal Basis | Conditions | Procedure |
|---|---|---|---|
| Minor Deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro (former) | Small changes, e.g. max. 5 m² extra or temporary use | Accelerated, often within 8 weeks at Municipality of Den Haag |
| Standard Deviation | Art. 2.12 Wabo / Art. 3.14 Wro | Larger adjustments with justification | Standard procedure with public consultation |
| Temporary Deviation | Art. 4.7 Ow | Max. 10 years, extendable | Short-term process |
| Structural Deviation | Art. 3.14(1) Wro (former) | Long-term, akin to plan amendment | Extended process |
Minor Deviation in Den Haag Practice
Minor departure rules are ideal for small-scale projects in Den Haag. For example, a dormer window in the Zeeheldenkwartier that is 1 meter higher fits within Annex 2 of the Bkl and receives quick approval from the municipality.
The Procedure Step by Step in Den Haag
Apply via environmental permit with the Municipality of Den Haag:
- Check the plan: Via ruimtelijkeplannen.nl or the Den Haag environmental portal.
- Prepare: Draft justification, drawings and consult the Municipality of Den Haag (pre-application advice).
- Submit: Omgevingsloket Online (OLO).
- Assessment: Review against usability standards (Art. 5.1 Wabo), 8-26 weeks.
- Decision: Approval, refusal or conditions. Objection within 6 weeks.
- Commence: After permit issuance.
Rights and Obligations
Rights:
- Full reasoning for the decision.
- Pre-application advice and opportunity to comment.
- Objection/appeal to the District Court of Den Haag.
- Complete application with supporting evidence.
- Comply with permit conditions.
- Inform neighbors.
Den Haag Practice Examples
- Shop Extension: Supermarket in Schilderswijk gains 10 m² extra via minor deviation, no parking issues.
- Temporary Unit: Caregiver home near the beach for 5 years, with demolition obligation.
- Refusal: Shed in Den Haag dunes rejected due to landscape rules.
The Council of State (case law) checks if the deviation is spatially desirable.
Frequently Asked Questions
Can I always depart in Den Haag?
No, only with legal basis and solid justification. Larger projects require a plan amendment.
How long does it take?
Minor: max. 8 weeks; standard up to 26 weeks. A complete file avoids delays.
Permit refused?
Objection within 6 weeks to Municipality of Den Haag, then appeal to District Court of Den Haag. Contact Juridisch Loket Den Haag for assistance.