Beleidsregels verplichte participatie bij aanvragen omgevingsvergunningen gemeente Groningen 2024 – Policy for Mandatory Participation in Permit Applications
The Beleidsregels verplichte participatie bij aanvragen omgevingsvergunningen gemeente Groningen 2024 is a municipal policy framework issued by the College van burgemeester en wethouders of the Municipality of Groningen. Established under Article 4.81 of the Algemene wet bestuursrecht and Article 16.55, paragraph 7 of the Omgevingswet, these rules came into effect on January 1, 2024. The document dictates the mandatory engagement process required before submitting permit applications for specific spatial activities.
The scope of this regulation is limited to a buitenplanse omgevingsplanactiviteit (BOPA) — activities that do not comply with the existing environmental plan and are not exempt from permit requirements. The framework defines the responsibilities of the initiatiefnemer (initiator), the rights of belanghebbenden (stakeholders), and the criteria for assessing the impact of proposed developments on the surrounding environment. It outlines the formal requirements for the participatieverslag (participation report) that must accompany a permit application.
This document provides the legal basis for the municipality to evaluate whether an initiator has sufficiently engaged with third parties. It establishes clear protocols for communication, information sharing, and the remediation of procedural deficiencies during the pre-application phase.
Begripsbepalingen (Definitions)
Article 1 defines the core terminology used throughout the participation process to ensure legal clarity for all involved parties.
- Belanghebbenden: Parties directly affected by the proposed initiative.
- Buitenplanse omgevingsplanactiviteit: An activity that does not meet the rules of the environment plan and is not permit-free.
- Impact: The influence of the intended development on the surrounding environment.
- Participatie bij ruimtelijke plannen: The active and early involvement of stakeholders in the development of spatial plans.
- Partijen: This broad category includes citizens, businesses, social organizations, and other administrative bodies.
Participation Rules and Process Requirements
Article 2 establishes that the initiator is the owner of the participation process. The initiator determines which parties to involve, the level of influence these parties have, and how the participation is organized.
- Stakeholder Inclusion: The initiator must ensure that stakeholders are involved in the process.
- Proportionality: Participation must occur in a suitable manner, reflecting the scale of the impact on the environment.
- Timing: Engagement should take place as early as possible, providing sufficient time and space for parties to participate.
- Information Parity: All involved parties must have access to the same information regarding content, process, and approach.
- Communication: Information provided by the initiator must be clear, timely, and easy to understand.
The initiator is required to produce a participatieverslag detailing how the participation was conducted, which parties were involved, and what the results were. Parties must be given the opportunity to make their questions and concerns known.
Assessment and Enforcement
The College (Municipal Executive) evaluates the participation based on the submitted report. Under Article 3, specific conditions apply to the assessment and the potential rejection of applications.
- Assessment Criteria: The College judges whether the participation was sufficient in relation to the size and impact of the initiative.
- Remediation: If the participation is deemed insufficient, the initiator is given an opportunity to rectify the deficiency.
- Non-Processing: If the initiator fails to rectify participation gaps after being given the opportunity, or explicitly refuses to apply participation, the application may be left unprocessed (buiten behandeling laten).
Frequently Asked Questions
When did the Groningen mandatory participation rules take effect?
The policy rules became effective on January 1, 2024.
For which types of projects is participation mandatory in Groningen?
Participation is mandatory for a buitenplanse omgevingsplanactiviteit (BOPA) where the College is the competent authority.
Who is responsible for organizing the participation process?
The initiatiefnemer (initiator or applicant) is the owner and organizer of the participation process.
What happens if the municipality finds the participation report insufficient?
The municipality will provide the initiator with an opportunity to repair the deficiency before deciding whether to process the application.
What must be included in the participation report?
The report must state how participation was conducted, which parties were involved, and what the results of the engagement were.
Can a permit application be refused based on participation alone?
An application can be left unprocessed (buiten behandeling) if the initiator fails to provide sufficient participation or fails to use the opportunity to correct a participation deficiency.
