Beleidsregel intrekken Omgevingsvergunning 2024 – Zwartewaterland Building Permit Withdrawal Policy
The Beleidsregel intrekken Omgevingsvergunning voor de activiteit Bouwen en/of Ruimtelijke activiteit 2024 is a formal policy established by the College van burgemeester en wethouders of the municipality of Zwartewaterland, Netherlands. Issued under the framework of the Omgevingswet (Environment Act) and the Algemene wet bestuursrecht (General Administrative Law Act), specifically Artikel 5.40 lid 2 onder b Ow, this regulation took effect on November 29, 2024. It provides the municipal executive with a structured framework for the withdrawal of environmental permits for building and spatial activities that remain unused or have been halted for extended periods.
The primary regulatory scope covers activiteit bouwen (building activities) and ruimtelijke activiteit (spatial activities). The document addresses the phenomenon of slapende vergunningen (sleeping permits), which occur when a permit is granted but the activity is not realized within a reasonable timeframe. This policy is designed to prevent administrative inconsistencies in the Basisregistraties Adressen en Gebouwen (BAG), ensure compliance with updated technical requirements, and align the physical environment with current planning and zoning insights, such as the Omgevingsplan.
This document outlines specific timeframes for withdrawal, the definitions of what constitutes starting a construction project, and the procedural requirements for notification and legal protection of permit holders.
Conditions for Permit Withdrawal
The municipality may initiate withdrawal proceedings if a permit has not been utilized within the mandated periods. The policy distinguishes between activities that have never started and those that have been discontinued after commencement.
- Failure to start: The standard threshold for initiating withdrawal is 52 weeks after the permit becomes irrevocable.
- Urgent planning interests: If a new Omgevingsplan or draft plan is published that conflicts with the permitted project, the 52-week limit is strictly applied.
- Non-urgent cases: If no urgent planning conflicts exist, the municipality may wait until 104 weeks have passed before starting the withdrawal process.
- Maximum extension: In specific cases involving documented intent or personal circumstances, a permit holder may be granted a term of up to 156 weeks to start activities.
Cessation of Activities
A permit can also be withdrawn if construction or spatial activities are halted for a continuous period. This prevents unfinished structures from negatively impacting the local environment.
- 52-week cessation: The municipality is authorized to withdraw a permit if activities have been stationary for 52 consecutive weeks.
- Standard extension: A longer term may be granted based on concrete evidence of intent to resume, but this period may not exceed 104 weeks from the moment activities were halted.
Definition of Starting Construction
The policy clarifies which actions qualify as the official start of building activities to prevent the tactical use of minor works to keep a permit active.
- Qualifying actions: Structural actions such as the storten van funderingen (pouring of foundations) are considered the start of construction.
- Non-qualifying actions: Preparatory tasks like placing a construction board, site surveying, or graafwerkzaamheden (excavation work) do not constitute starting construction.
Procedural Requirements
Withdrawal follows the same procedure used to grant the original permit, as stipulated in Artikel 16.65 Ow. Two main tracks are possible depending on the complexity and impact of the permit.
- Reguliere voorbereidingsprocedure: Stakeholders have 4 weeks to submit views (zienswijze) after notification. The municipality must decide within 8 weeks of receiving the views.
- Uniforme openbare voorbereidingsprocedure: For more complex cases, a draft decision is made public for 6 weeks. A final decision is typically issued within 4 to 12 weeks after the draft period ends.
- Hardheidsclausule: The municipality may deviate from these rules if strict application would lead to disproportionate consequences for the permit holder.
Frequently Asked Questions
When does the municipality of Zwartewaterland consider a permit 'sleeping'?
A permit is considered 'sleeping' if the building or spatial activity has not commenced or has been stationary for at least 52 weeks after the permit became irrevocable.
Can I get an extension if I haven't started building yet?
Yes, an extension can be granted up to 104 weeks or, in specific cases with concrete proof of intent or serious personal circumstances, up to a maximum of 156 weeks.
Does digging the foundation pit count as starting construction?
No, excavation work (graafwerkzaamheden) and site surveying are considered preparatory actions and do not count as the start of construction under this policy.
What happens if a new Omgevingsplan is released while I have an unused permit?
If a new plan is published that conflicts with your permit, the municipality may prioritize withdrawal after the standard 52-week period has passed.
Does this policy apply to permits issued before November 2024?
Yes, according to Article 6.1, the policy has retrospective effect and applies to withdrawal procedures for permits issued before the policy's commencement date.
Can I get my permit fees back if it is withdrawn?
Under the Legesverordening, a permit holder may in certain cases request a refund of a portion of the paid fees (leges) after the permit has been withdrawn.
