Planschade Application in Den Haag: Procedure and Tips
A planschade application enables residents of Den Haag to claim compensation for the depreciation of their property due to changes in zoning plans. This right, rooted in environmental law, protects citizens from financial disadvantages resulting from government decisions, such as urban developments in the region. In this article, we outline the procedure, requirements, and practical steps, building on our general overview of planschade, with a specific focus on the Municipality of Den Haag.
Legal Basis for the Planschade Application in Den Haag
The planschade application is based on the Spatial Planning Act (Wro), which has been integrated into the Environment and Planning Act since 2010. Article 6.1 of the Environment and Planning Act requires administrative bodies to compensate for damage that cannot reasonably be attributed to the citizen and stems from environmental decisions. In Den Haag, this often involves intangible losses, such as the decrease in value of a home or business property due to new construction projects in areas like Schilderswijk or the city center.
The application procedure is detailed in the Policy Rules on Planschade Compensation and rulings from the Council of State. You must submit the application within five years of the decision, as per Article 6.3 of the Environment and Planning Act, to avoid prolonged unresolved cases. For households in Den Haag, it's advisable to monitor local developments, such as the redevelopment of Laan van Wateringsveld.
Previously, this fell under the Wro, but with the Environment and Planning Act coming into effect on January 1, 2024, everything has been consolidated into a more modern system. Ongoing cases in Den Haag still follow the old rules, while new applications adhere to the updated ones. Check the Dutch government's website for updates, or contact the Legal Aid Desk Den Haag for personalized advice.
Conditions for a Successful Planschade Application in Den Haag
Not all value decreases qualify for compensation. Strict criteria apply:
- Causality: The damage must directly result from a zoning plan change or environmental decision, such as the construction of a new park or road in Den Haag that causes disruption.
- Normality: The disadvantages must be unforeseen and not align with the normal course of events in a vibrant city like Den Haag.
- No fault on your part: As the applicant, you must not have contributed to the damage.
- Existing situation: Base the claim on facts before the decision; speculations about the future are irrelevant.
The application typically targets the Municipality of Den Haag as the competent authority. For large-scale initiatives, such as coastal projects, the province may be involved. Prove the value loss with a valuation report from a certified expert – the Legal Aid Desk Den Haag can assist in finding a reliable valuer.
Step-by-Step Guide for Submitting a Planschade Application in Den Haag
The process for a planschade application in Den Haag follows a clear path. Here's an overview by phase:
- Document the damage: Record everything with photos, letters, and a professional valuation to measure the financial impact. This forms the core of your file.
- Contact the Municipality of Den Haag: Call or email the Spatial Planning department of the Municipality of Den Haag for guidance. Inquire about details of the relevant plan and any local regulations.
- Submit the application: Send a formal letter to the Municipality of Den Haag using the standard form from overheid.nl. Reference the decision, describe the damage, and attach supporting documents. The submission is free, but expect costs for valuation (€500-€1000).
- Review by the municipality: The Municipality of Den Haag decides within 18 weeks, with possible extensions. They verify causality and normality, potentially using an external valuer.
- Objection and appeal: Disagree with the decision? File an objection with the Municipality of Den Haag within six weeks. If rejected, you can appeal to the Den Haag District Court.
- Receive compensation: If approved, payment is made in a lump sum; in complex cases, it may be phased.
In Den Haag, processing typically takes 6 to 12 months, but disputes involving major projects can take longer.
Practical Examples of Planschade Applications in Den Haag
To make it concrete, here are some local cases:
Example 1: Value loss due to increased traffic. Mr. Jansen in the Den Haag neighborhood of Segbroek experiences issues from the expansion of tram lines. His home loses €50,000 in value due to increased traffic noise, confirmed by a valuation. Through a planschade application to the Municipality of Den Haag, he receives €40,000 in compensation, after deducting 20% as 'expected' disruption.
Example 2: Business disadvantage from environmental measures. A café owner in the center of Den Haag must make adjustments due to stricter regulations following the construction of a nearby office tower. After a successful application, he receives €25,000 to cover the costs.
Example 3: Rejected claim. Ms. De Vries in Scheveningen seeks compensation for obstructed views from a new hotel, but the Den Haag District Court deems the disruption normal for a tourist city and denies it. This highlights the need for solid evidence.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.