Verordening op de gemeentelijke adviescommissie omgevingskwaliteit Bernheze 2023 – Municipal Environmental Quality Regulation
The Verordening op de gemeentelijke adviescommissie omgevingskwaliteit, Bernheze 2023 is a statutory municipal ordinance issued by the council of the municipality of Bernheze, Netherlands. Established under the framework of Articles 108 and 149 of the Gemeentewet (Municipalities Act) and Section 17.2 of the Omgevingswet (Environment Act), this document has been in effect since January 1, 2024. It formalizes the establishment and operational parameters of the advisory committee responsible for evaluating the environmental and architectural quality of spatial developments.
The regulation defines the scope of the committee's advisory duties, which primarily involve applications for an omgevingsvergunning (environmental permit). This includes activities concerning rijksmonumenten (national monuments), gemeentelijke monumenten (municipal monuments), and buildings identified as culturally or historically significant within the welstandsnota (aesthetic guidance document). The document details the committee's internal structure, the required professional disciplines of its members, and the procedural timelines for issuing formal advice to the municipal executive and council.
The following sections outline the specific responsibilities, composition requirements, and meeting protocols as dictated by the articles of the 2023 ordinance.
Advisory Tasks and Scope
Article 2 outlines the primary task of the committee: advising the municipal board on achieving and maintaining high environmental quality (goede omgevingskwaliteit). Mandatory advice is required for several specific permit types:
- Rijksmonumentenactiviteit: Activities involving national monuments (§2.2.a.1).
- Gemeentelijke monumenten: Activities affecting municipal monuments or buildings with cultural-historical value (§2.2.a.2).
- Omgevingsplanactiviteit: Activities in areas designated as culturally and historically valuable in the aesthetic guidance document (§2.2.a.3).
- Policy Development: Advising on the development of the omgevingsvisie (environmental vision) and the omgevingsplan (environmental plan).
The committee also provides guidance to applicants during the design process and facilitates preliminary consultations (vooroverleg) to align projects with environmental quality standards.
Composition and Professional Expertise
Per Article 4, the committee consists of a maximum of seven members, including a chairperson. Members are appointed based on professional expertise rather than political affiliation. The following disciplines must be represented within the committee's collective knowledge base:
- Architectural History: Expertise in building history and historical structures.
- Restoration Architecture: Specific knowledge of the preservation of monuments.
- Urban Planning: Specialization in stedenbouw and spatial organization.
- Landscape and Archeology: Knowledge of landscape design and archaeological heritage management.
Members are appointed for a maximum term of four years and may be reappointed once. To ensure independence, committee members cannot be employed under the responsibility of the municipal administration.
Procedural Guidelines and Deadlines
The regulation establishes strict protocols for the advisory process and the public nature of deliberations. Key procedural rules under Articles 7 and 8 include:
- Advisory Deadline: Advice must generally be delivered within two weeks, unless the municipal executive sets a different timeframe (§7.2).
- Public Meetings: Meetings where advice on permit applications is determined are open to the public, and agendas are published in advance (§8.1).
- Applicant Rights: Permit applicants or their representatives have the right to explain their plans during committee deliberations (§8.2).
- Quorum: A valid decision on advice requires the presence of at least two members (§8.3).
Frequently Asked Questions
What is the maximum number of members on the Bernheze environmental quality committee?
According to Article 4, the committee consists of a maximum of seven members, including the chairperson.
Are meetings of the advisory committee open to the public?
Yes, Article 8 states that meetings where advice on environmental permits is established are public, and agendas must be announced in a timely manner.
How long does the committee have to issue an advice?
If no specific deadline is set by the municipal board, the committee must issue its advice within two weeks as per Article 7.
Can an applicant provide an explanation of their project to the committee?
Yes, Article 8, paragraph 2 grants the applicant or their authorized representative the opportunity to provide a clarification of the application during the meeting.
Is a second opinion allowed if the applicant disagrees with the committee?
According to Article 11, the municipal board may seek a second opinion from an advisory committee of another municipality once per activity.
What happens to permit applications submitted before January 1, 2024?
Under Article 16, applications submitted before the Omgevingswet took effect remain subject to the previous law, though the new committee is treated as the successor to the old boards.
