Welstandsnota Goirle 2021 – Aesthetic Design Policy and Exemptions
The Welstandsnota Goirle 2021 is the official regulatory framework governing the aesthetic requirements for building projects within the municipality of Goirle, Netherlands. Issued by the municipal council (De raad van de gemeente Goirle), this document came into force on February 11, 2021, with retrospective effect from January 1, 2021. It operates under the legal authority of artikel 12, tweede lid van de Woningwet and deviates from standard aesthetic requirements defined in the Wet algemene bepalingen omgevingsrecht (Wabo).
The primary regulatory shift established by this document is the declaration that no reasonable requirements of aesthetics (redelijke eisen van welstand) apply to the entire territory of Goirle, effectively making the municipality welstandsvrij (exempt from aesthetic review). However, the document outlines specific exceptions for large-scale developments or projects in significant locations, where dedicated beeldkwaliteitsplannen (image quality plans) or stedenbouwkundige plannen (urban development plans) remain mandatory. It also defines the excessenregeling (policy on excesses) to address severe aesthetic violations that occur in otherwise exempt areas.
This document serves as the primary reference for architects, developers, and property owners to determine whether their construction project is subject to aesthetic review or if it falls under the general exemption status.
Spatial Quality and Quality Plans
For projects of significant scale or those situated in unique locations, the municipality maintains high spatial quality standards. These developments require specific frameworks adopted by the council to serve as the basis for aesthetic assessment.
- Beeldkwaliteitsplan: A visual quality plan defining the aesthetic criteria for a specific development.
- Stedenbouwkundig plan: An urban plan that, once adopted, functions as an integral part of the Welstandsnota.
- Supervisor: A designated professional may be appointed to oversee and test projects against these specific quality plans during the development phase.
Reversion to Exempt Status
The document specifies a sunset clause for project-specific aesthetic requirements to ensure that areas eventually return to a state of minimal regulation.
- Completion of projects: Once the final dwelling of a project is completed, the specific beeldkwaliteitsplan or stedenbouwkundig plan expires.
- Individual plots: Once the primary building on a plot has been realized following the first building permit, subsequent permit applications for that plot are no longer tested against aesthetic criteria.
- Independence: Property owners are not dependent on the completion of other buildings in a project to regain exempt status for their specific plot.
Excessenregeling (Policy on Excesses)
Despite the general exemption from aesthetic review, the College van burgemeester en wethouders retains the authority under artikel 12 van de Woningwet to intervene if a structure is in serious conflict with aesthetic standards. This is defined as an 'excess'—a visual disruption so evident that it is obvious even to non-experts.
- Visual isolation: Physical or visual closure of a building from its surroundings.
- Architectural destruction: Denying or destroying original architectural features during renovations or extensions.
- Material usage: The use of poor-quality or 'impoverished' materials.
- Color schemes: Application of overly bright or strongly contrasting colors.
- Signage: Intrusive or overly aggressive advertisements.
- Environmental conflict: A gross violation of what is customary in the immediate environment.
Advisory Commission and Legal Framework
While the municipality is largely exempt, an advisory commission remains active to provide counsel on aesthetic requirements where they still apply. The procedures for this commission are detailed in the Bouwverordening gemeente Goirle 2012.
Frequently Asked Questions
Is an aesthetic review required for new buildings in Goirle?
As of January 1, 2021, the entire territory of Goirle is generally exempt from aesthetic reviews (welstandsvrij), unless the project is part of a specific development plan or located in a designated area with a beeldkwaliteitsplan.
When does a 'beeldkwaliteitsplan' stop being applicable?
A project-specific quality plan expires once the final house in that project has been built, or for an individual plot, once the primary building has been completed.
What happens if a building is considered an 'excess'?
The Mayor and Aldermen can order the owner to rectify the situation if the building is in serious conflict with aesthetic standards, such as using poor materials or clashing colors.
Can I use bright colors on my facade in Goirle?
While generally exempt, the excessenregeling prohibits the use of overly bright or strongly contrasting colors if they cause a public nuisance or gross environmental conflict.
Do I need to follow aesthetic rules for extensions to my house?
If the main building on the plot has already been realized, subsequent extensions are generally not tested against aesthetic requirements, provided they do not trigger the excessenregeling.
Which authority provides advice on aesthetic design in Goirle?
A commission of advice (Commissie van advies) provides recommendations based on the guidelines found in the Bouwverordening gemeente Goirle 2012.
