Ontheffingenbeleid kruimelgevallen Wabo/Bor 2022 – Epe Building Deviation Policy
The Ontheffingenbeleid kruimelgevallen Wabo/Bor 2022 is the official policy framework issued by the Municipality of Epe, Netherlands, governing minor planning deviations. Effective from November 3, 2022, this document provides the assessment criteria for granting exemptions from established zoning plans (bestemmingsplannen) under the Wet algemene bepalingen omgevingsrecht (Wabo) and the Besluit omgevingsrecht (Bor). It functions as a regulatory guide for the Board of Mayor and Aldermen when evaluating requests for small-scale spatial developments, often referred to as the planologische kruimelregeling.
The policy covers a wide array of construction activities, including residential extensions, detached annexes, dormers, and antenna installations. It distinguishes between projects located within the built-up area (bebouwde kom) and those in the rural outskirts (buiten de bebouwde kom). The document is structured around eighteen articles that define qualitative assessment criteria and quantitative thresholds, such as maximum floor areas for outbuildings based on parcel size and specific height restrictions for carports and boundary fences.
The following sections detail the core regulatory standards for various project categories, from residential expansions to temporary usage changes and technical infrastructure requirements.
General Qualitative Assessment Criteria
According to Artikel 1, any request for a planning deviation must meet seven qualitative criteria to prevent negative impacts on the local environment and public safety.
- Living environment: No disproportionate damage to the residential and living climate.
- Traffic safety: No disproportionate impact on road safety.
- Social and fire safety: Maintenance of social security and guaranteed fire safety standards.
- Spatial quality: No negative influence on the streetscape or existing building patterns.
- Business rights: Extensions must not infringe upon the existing legal rights of neighboring businesses.
- Consistent usage: The intended use of an extension or annex must, in principle, align with the existing use of the main building.
Residential Extensions and Annexes
The policy establishes strict limits on the total area of outbuildings based on the size of the plot. For residential properties within the built-up area (Artikel 2), the maximum combined area of detached annexes is determined as follows:
- Plots up to 300 m²: Maximum 60 m² of outbuildings.
- Plots 300 m² to 500 m²: Maximum 80 m² of outbuildings.
- Plots 500 m² to 750 m²: Maximum 90 m² of outbuildings.
- Plots 750 m² to 1,000 m²: Maximum 100 m² of outbuildings.
- Plots 1,000 m² and larger: Maximum 150 m² of outbuildings.
Additional rules stipulate that the building plot may not exceed a total coverage of 50%. Carports are excluded from the outbuilding area calculation if they do not exceed 30 m² in area and 3 m in height, and are not built in front of the main building's front facade.
Provisions for Rural Areas and Infrastructure
For residential extensions outside the built-up area (Artikel 4), the thresholds are adjusted. For instance, plots smaller than 300 m² are permitted up to 75 m² of outbuildings. Detached annexes in these areas must maintain a minimum distance of 2 meters from the side parcel boundary.
Specific regulations also apply to non-building structures and technical installations:
- Antennas (Artikel 9): Installations including masts may not exceed 40 meters in height and must prioritize site-sharing with other providers.
- Boundary fences (Artikel 7): Fences at corner houses are limited to a height of 2 meters.
- Dormers (Artikel 8): Governed by the local Welstandsnota and zoning plan rules regarding gutter height and roof pitch.
- Temporary use (Artikel 15): Deviations for the use of land or buildings can be granted for a maximum term of ten years.
Frequently Asked Questions
What is the maximum plot coverage allowed for a residential lot in Epe?
According to Artikel 2 and Artikel 4, the building plot may not be covered by buildings for more than 50% of its total area.
Can I permanently live in a recreation home in the Municipality of Epe?
No, Artikel 14 explicitly states that the municipality does not permit the use of recreational dwellings for permanent habitation, referring to the 'Nota permanente bewoning van recreatiewoningen'.
What are the maximum dimensions for a carport to be exempted from the outbuilding area limit?
A carport is not counted towards the maximum outbuilding area if it is at most 30 m² in area, has a maximum height of 3 meters, and is not located in front of the main building's front facade.
What is the maximum depth allowed for a rear extension of a dwelling?
Under Artikel 2, the total depth of the house after extension may not exceed 15 meters, provided that at least 5 meters of undeveloped yard remains behind the house across its full width.
Are there height restrictions for antennas in Epe?
Yes, antenna installations, including their masts, may not be higher than 40 meters according to Artikel 9.
What rules apply to bay windows (erkers) on side facades?
A bay window on a side facade must have a maximum horizontal depth of 1.5 meters, a maximum width of 2/3 of the original facade width, and a maximum height of 3 meters or 0.25 meters above the first floor level.
