Activiteiten bindend adviesrecht Gemeente Groningen – Council Advice Regulations
The Activiteiten bindend adviesrecht is a formal resolution issued by the Council of the Gemeente Groningen, Netherlands. Established under artikel 16.15a, onder b van de Omgevingswet (Environment and Planning Act), this regulation defines the specific list of activities for which a binding advice from the municipal council is mandatory before an environmental permit can be granted. The current version was adopted on 17 December 2025 and remains effective from 14 January 2026.
The regulation governs buitenplanse omgevingsplanactiviteiten (activities departing from the environmental plan) across four primary categories: residential construction, commercial buildings, mobile telecommunications, and sustainable energy. It sets concrete thresholds for project scale and location, ensuring that significant spatial developments undergo council scrutiny. The document also details specific exemptions where the council's right of advice does not apply, such as temporary projects or developments related to the regional earthquake reinforcement program.
Professionals operating in Groningen must verify if their projects meet the criteria for bindend adviesrecht to ensure procedural compliance. The document includes precise definitions for spatial boundaries and measurement standards used to determine these thresholds.
Designated Activities Subject to Binding Advice
The municipal council has designated four specific categories of activities that require binding advice when they deviate from the local Omgevingsplan:
- Residential Construction (Nieuwbouw woningen): Projects involving 12 or more dwellings in urban areas, or any number of dwellings in rural areas, where the function 'living' is not currently permitted.
- Commercial and Retail (Bedrijfsgebouwen): New construction of business premises, offices, or retail spaces with a usable floor area (gebruiksoppervlak) exceeding 1,000m2.
- Mobile Telecommunications: The installation of antenna masts and associated structures where the total height exceeds 40 meters.
- Sustainable Energy: Large-scale installations such as solar parks, wind turbines with a hub height greater than 15 meters, and projects involving biogas, battery storage, biomass, or hydrogen.
Exemptions and Special Cases
Under certain conditions, the requirement for council advice is waived, even if an activity falls within the designated categories. These exceptions are primarily based on the duration of use or prior council involvement:
- Temporary Use: Changes in the use of land or buildings for a maximum term of 15 years do not require council advice.
- Prior Council Involvement: Projects that fit within an area-specific program or framework already reviewed or established by the council, such as structuurvisies, master plans, or gebiedsvisies.
- Earthquake Reinforcement (Versterkingsopgave): Developments initiated in response to earthquake-related issues, including temporary housing locations, are exempt from the advice requirement.
Definitions and Standards
To determine whether a project meets the regulatory thresholds, the document references specific geographical and technical standards:
- Stedelijk gebied (Urban Area): As defined and geometrically bounded in the annex of the Omgevingsverordening of the Province of Groningen.
- Buitengebied (Rural Area): The rural zones as designated by the provincial regulations of Groningen.
- Gebruiksoppervlak (Usable Floor Area): Measured at floor level between the rising partitions that enclose the space, in accordance with the NEN 2580 standard.
Frequently Asked Questions
When is council advice required for new housing in Groningen?
Binding advice is required for projects involving 12 or more homes in urban areas or any number of homes in rural areas, provided the current environmental plan does not permit residential use.
What is the threshold for commercial buildings regarding council advice?
Council advice is mandatory for the new construction of offices, retail, or industrial buildings with a usable floor area of more than 1,000m2.
Does a 35-meter antenna mast require binding council advice?
No, the regulation only mandates binding advice for telecommunication masts and structures with a height exceeding 40 meters.
What wind turbine specifications trigger the council's right of advice?
Applications for wind turbines with a hub height (ashoogte) greater than 15 meters require binding advice from the council.
Are temporary buildings exempt from the binding advice process?
Yes, the use of land or buildings for a maximum period of 15 years is listed as an exception where no council advice is needed.
How is the usable floor area calculated under this regulation?
The usable floor area (gebruiksoppervlak) must be measured at floor level according to the NEN 2580 standard.
Does the regulation apply to solar parks?
Yes, large-scale sustainable energy provisions, specifically including solar parks (zonneparken), are subject to binding council advice.
Are earthquake-related housing projects subject to council advice?
No, developments related to the versterkingsopgave (earthquake reinforcement) are explicitly exempt, including temporary housing.
