BOPA (Buitenplanse Omgevingsplanactiviteit) – Dutch Out-of-Plan Environment Activity Regulations
The BOPA op hoofdlijnen (Main Features of the Out-of-Plan Environment Plan Activity) is a regulatory guidance document issued by the Informatiepunt Leefomgeving (IPLO) on behalf of the Dutch National Government (Rijksoverheid). It outlines the legal framework for activities that do not align with a municipality's environment plan (omgevingsplan) but may still be permitted through a specific environmental permit. This guidance is part of the transition toward the Omgevingswet (Environment Act) and defines the conditions under which a competent authority may deviate from established local rules.
The document governs situations where an activity is not possible under general environment plan rules, does not qualify as an in-plan activity (binnenplanse omgevingsplanactiviteit), and is not exempt from permit requirements. It details the essential assessment criterion of evenwichtige toedeling van functies aan locaties (balanced allocation of functions to locations) and references mandatory instruction rules from the Besluit kwaliteit leefomgeving (Bkl) and provincial ordinances. Key regulatory elements include the project-specific nature of the BOPA, the application procedure via the Omgevingsloket, and the phased approach for large-scale developments during the transition period ending in 2032.
Professional users can find specific definitions for structural deviations, such as height limits and land-use changes, as well as the procedural requirements for sequential applications under the Opvolgende BOPA scheme.
Definition and Scope of BOPA
A Buitenplanse omgevingsplanactiviteit (BOPA) is triggered when an initiative fails to meet the rules of the environment plan or is not permit-free. This applies in three primary scenarios:
- Scenario 1: The activity is prohibited by the general rules of the environment plan.
- Scenario 2: The activity cannot be authorized as an in-plan activity (binnenplanse omgevingsplanactiviteit).
- Scenario 3: The activity is not permit-free under artikel 2.29 of the Besluit bouwwerken leefomgeving (Bbl).
The document provides concrete examples, such as a request to build a structure 13 meters high in a zone where the plan allows 10 meters (with an in-plan maximum of 12 meters), or a request to use a residential building for retail purposes.
Balanced Allocation of Functions
Under artikel 4.2 of the Omgevingswet, municipalities must ensure an evenwichtige toedeling van functies aan locaties. A BOPA can only be granted if the project adheres to this principle and follows specific instruction rules:
- Bkl Section 5.1: Instruction rules for a balanced allocation of functions to locations.
- Provincial Ordinances: Compliance with regional environmental regulations.
- Fysieke Leefomgeving: The assessment must consider all relevant aspects of the physical environment based on a concrete project description.
Sequential BOPA and Phased Applications
During the transition phase (until January 1, 2032), developers may use an Opvolgende BOPA (Sequential BOPA) to phase complex projects, such as residential developments. Artikel 12.27a of the Bkl provides the legal basis for these phased permits.
- Phase 1: Planning decision regarding building blocks, height, and volume.
- Phase 2: Detailed execution permit for the actual construction activity.
- Limited Assessment: In the second phase, the authority only assesses components not covered by the initial BOPA, such as architectural detailing and local aesthetic requirements (welstand).
Application Integrity and Environmental Impact
A BOPA application must generally cover the entire construction plan. Splitting a project into separate parts is prohibited unless the components are functionally and structurally distinct. Additionally, projects may be subject to Project-MER (Environmental Impact Assessment) obligations depending on the nature of the activity.
Frequently Asked Questions
What is the primary assessment criterion for a BOPA permit?
The primary criterion is an evenwichtige toedeling van functies aan locaties (balanced allocation of functions to locations) as defined in the Omgevingswet.
Where should a BOPA application be submitted?
Applications must be submitted through the Omgevingsloket, specifically using the activity 'Afwijken van de regels omgevingsplan' (Deviating from environment plan rules).
Can a BOPA be used for future, non-concrete building plans?
No, a BOPA is a beschikking (specific decision) and requires a concrete description of the initiative; it cannot serve as a general testing framework for non-concrete future plans.
How long is the transition period for Sequential BOPA (Opvolgende BOPA)?
The transition phase for the environment plan, including the use of Opvolgende BOPA, lasts until January 1, 2032.
Is a BOPA required for permit-free structures under Bbl?
No, if an activity is permit-free under artikel 2.29 of the Besluit bouwwerken leefomgeving (Bbl), a BOPA is not required.
What happens if a BOPA activity requires an Environmental Impact Assessment (MER)?
If a project is project-mer-plichtig, the environmental impact assessment becomes an integral part of the BOPA substantiation process.
