Aanwijzingslijst Adviesrecht and Mandatory Participation for BOPAs – Gemeente Vijfheerenlanden Regulations
The Aanwijzingslijst adviesrecht en verplichte participatie bij buitenplanse omgevingsplanactiviteiten gemeente Vijfheerenlanden is a formal council resolution established by the Municipality of Vijfheerenlanden. Adopted by the municipal council on June 9, 2022, and effective as of August 19, 2025, this document operates under the legal framework of the Dutch Environment Act (Omgevingswet), specifically articles 16.15a, 16.15b, and 16.55 paragraph 7, alongside article 4.21 of the Environment Decree (Omgevingsbesluit). It serves as the authoritative register for cases where the municipal council maintains a binding right to advice and where initiators are legally required to conduct participation processes.
The scope of these regulations covers all buitenplanse omgevingsplanactiviteiten (BOPA)—activities that deviate from the established municipal environment plan. The document provides a structured table of categories, including Wonen (Housing), Commerciële voorzieningen (Commercial facilities), Agrarische bedrijven (Agricultural businesses), and Duurzame energie (Sustainable energy). It distinguishes between projects located within the bestaand stedelijk gebied (existing urban area) and those outside of it, using specific maps for nuclei such as Vianen, Leerdam, Meerkerk, and Lexmond to define these boundaries.
The following sections detail the specific thresholds for council advice and mandatory participation, the requirements for health effect screenings, and the active duty to inform the council regarding specific project categories.
Residential Development Thresholds
The document defines specific housing volume thresholds that trigger the council's right to advice and mandatory participation requirements. These thresholds vary based on the location's status as an urban or rural zone.
- Within existing urban area: The council has a right to advice for projects exceeding 20 dwellings. Participation is mandatory for projects with more than 5 dwellings.
- Outside existing urban area: The council has a right to advice for more than 2 dwellings. Participation is mandatory for projects involving more than 1 dwelling.
- Burggraaf Exception: A specific exception applies to the Burggraaf parcel, where up to 50 flex-homes can be realized for a maximum exploitation period of 15 years without triggering standard residential advice rights, provided it aligns with the situating map in the annex.
- Policy Alignment: The right to advice is generally waived if the application fully aligns with a council-adopted structural vision or policy framework.
Commercial, Social, and Industrial Activities
Specific surface area limits are set for commercial and social facilities, including shops, offices, medical centers, and sports facilities. These limits apply to both new constructions and modifications of existing buildings.
- Social and Recreational Facilities: Inside urban areas, advice is required for projects exceeding 1,500 m² of building surface. Participation is mandatory for projects over 500 m².
- Commercial Facilities: Inside urban areas, advice is required for a net floor area exceeding 1,500 m², while participation is mandatory starting at 750 m².
- Industrial Operations: For industrial activities outside urban areas, advice is required if the building surface exceeds 750 m², with participation mandatory for increases over 250 m².
- High-Impact Industry: The establishment of environmental category 5 companies or manure processing plants always triggers a council right to advice and mandatory participation.
Agricultural and Infrastructure Regulations
The regulations govern the expansion of agricultural plots and large-scale infrastructure changes, setting hectare-based and height-based limits.
- Agricultural Plot Expansion: Advice is required for expansions to more than 1.5 hectares; participation is mandatory for expansions to more than 0.5 hectares.
- Sustainable Energy: The realization or expansion of solar fields and wind turbine setups always requires council advice and mandatory participation.
- Antenna Masts: Construction of masts triggers the council's right to advice if they are higher than 40 meters. Participation is mandatory for masts exceeding 10 meters in height.
- Infrastructure: Large-scale reconstruction or construction of road infrastructure and water management facilities requires council advice and participation, unless aligned with existing policy frameworks.
Frequently Asked Questions
When is a Health Effect Screening (GES) required in Vijfheerenlanden?
A health effect screening (gezondheidseffectscreening) must be carried out for developments in the physical environment that could potentially have effects on public health.
What is the threshold for mandatory participation for new housing in urban areas?
Participation is mandatory for the construction of more than 5 dwellings within the existing urban area.
When does the council have a binding right to advice for antenna masts?
The municipal council has a binding right to advice for the construction of antenna masts that are higher than 40 meters.
What defines the boundaries of the 'existing urban area'?
The boundaries are defined by the specific maps included in Annex 1 of the document, titled 'Bebouwde kom grenzen gemeente Vijfheerenlanden'.
Does the council need to advise on every BOPA application?
No, the council only advises on cases explicitly listed in the Aanwijzingslijst, and typically only if the project is not already in accordance with a council-established vision or policy framework.
What are the rules for biomass gasification installations?
The establishment or expansion of sustainable energy installations, including biomass gasification, requires both council advice and mandatory participation.
Are agricultural side-activities regulated in this document?
Yes, secondary or supporting activities at agricultural businesses require council advice and participation if the nature and scale are not appropriate for the surroundings.
What is the notice period for council information on participation projects?
For projects where mandatory participation applies, the council must be actively and timely informed as part of the implementation of the Omgevingswet.
