Beleidsregels Erfafscheidingen gemeente Bloemendaal 2017 – Municipal Boundary Partition Regulations
The Beleidsregels Erfafscheidingen gemeente Bloemendaal 2017 establishes the regulatory framework for boundary partitions within the municipality of Bloemendaal. Issued by the College van de gemeente Bloemendaal, these policy rules became effective on February 24, 2018. The document operates under the legal authority of article 4.81 of the Algemene wet bestuursrecht, article 2.12 of the Wet algemene bepalingen omgevingsrecht (Wabo), and article 4 of Annex II of the Besluit omgevingsrecht (Bor). It serves as a specific elaboration of the earlier 'Nota hekken en hagen' adopted by the municipal council in January 2017.
The scope of these regulations covers the placement of fences, walls, and hedges on residential and commercial plots, with particular focus on visual relations between public spaces and main buildings. The document defines technical requirements for height and permeability, distinguishing between partitions located in front of or behind the building line (voorgevelrooilijn). It also outlines the criteria for permit-free construction and the conditions under which deviations from standard height limits may be granted, such as for country estates (landgoederen) or plots with significant elevation differences.
This regulatory text provides the specific assessment criteria used by the municipality when reviewing applications for an environment permit (omgevingsvergunning). It emphasizes the preservation of spatial quality and the green character of the Bloemendaal landscape by regulating the transparency and height of structures situated near public roads.
Standards for Partitions Near Public Space
Article 1 defines the requirements for boundary partitions located in front of the building line or within one meter of publicly accessible areas. These structures are permitted under the following conditions:
- Maximum Height: The structure must not exceed 1.80 meters.
- Permeability: If the height exceeds 1 meter, the partition must consist of an unframed open mesh-work (rasterwerk) with a minimum mesh size of 100 mm.
- Functional Relation: The partition must be situated on a yard or plot containing a building with which the partition has a functional relationship.
- Traffic Safety: The structure must not form an obstacle for traffic; the municipality may seek advice from a traffic official to verify this.
Deviations and Special Cases
Under Article 2, the executive board may permit boundary partitions that exceed the 1.80-meter height limit or deviate from standard transparency requirements in specific circumstances:
- Spatial Deviations: The project involves a unique situation where the spatial quality differs from the standard scenarios described in the 'Nota hekken en hagen'.
- Expert Advice: A landscape expert must provide a positive recommendation regarding the application.
- Estates: The regulations acknowledge that country estates (landgoederen) and plots with steep upward slopes often require different treatment to maintain visual connections.
Permit-Free Construction Criteria
The document clarifies the legal framework for permit-free (vergunningsvrij) boundary partitions. A permit is not required if the following thresholds are met:
- Height Limit (General): The partition is no higher than 1 meter.
- Height Limit (Rear Yard): The partition is no higher than 2 meters, provided it is located behind the building line and more than 1 meter from publicly accessible ground.
- Aesthetic Exception: If the partition is more than 1 meter from public ground but still subject to reasonable aesthetic requirements (welstandseisen), different rules may apply.
Frequently Asked Questions
What is the maximum height for a fence in front of the building line in Bloemendaal?
According to Article 1, the maximum height is 1.80 meters, provided the section above 1 meter consists of open mesh-work with at least 100 mm mesh size.
Are there specific requirements for the type of mesh used in high fences?
Yes, fences higher than 1 meter located near public space must use an unframed open mesh-work with a minimum mesh size of 100 mm.
Can I build a 2-meter tall fence without a permit in Bloemendaal?
A 2-meter fence is only permit-free if it is located behind the building line and at least 1 meter away from publicly accessible areas.
When is a landscape expert's advice required for a boundary partition?
A positive advice from a landscape expert is required when applying for a deviation to build a partition higher than 1.80 meters.
What defines a 'special case' for height deviations?
Special cases include country estates or plots that are clearly visible from the public road and have a significant upward slope.
Do I need a traffic safety check for my fence?
The municipality may request advice from a traffic employee to ensure the boundary partition does not obstruct the view or safety of road users.
