Beleidsregels Uitgestelde inwerkingtreding Omgevingsvergunningen – Groningen Policy on Delayed Permit Activation
The Beleidsregels Uitgestelde inwerkingtreding Omgevingsvergunningen is a regulatory document issued by the college van burgemeester en wethouders of the Gemeente Groningen, Netherlands. Effective from June 14, 2024, these policy rules establish a standardized framework for delaying the legal entry into force of specific environmental permits. The regulation is grounded in Article 4.81, first paragraph, of the Algemene wet bestuursrecht and Article 16.79, second paragraph, of the Omgevingswet (Environment Act).
The primary purpose of the document is to protect the existing state of heritage and natural assets from irreversible changes. By mandating a four-week delay before a permit becomes active, the municipality provides a window for interested parties to seek legal recourse. The scope covers activities involving Rijksmonumenten (national monuments), municipal monuments, demolition of structures, tree felling, and specific works in areas of archaeological value. The document defines archeologische begeleiding as the presence of an archaeologist to oversee excavation or construction works.
The following sections detail the specific activities subject to delayed activation, the conditions for urgent exceptions, and the legal mechanisms for suspending permit entry into force during court proceedings.
Activities Subject to Delayed Entry into Force
Under Article 2, the municipality mandates a four-week delay from the date of announcement or public inspection for several categories of environmental permits. This delay applies if the permit was prepared under the procedures specified in § 16.5.2 or § 16.5.3 of the Omgevingswet.
- Rijksmonumentenactiviteit: Activities concerning national or archaeological monuments.
- Omgevingsplanactiviteit for municipal monuments: Local planning activities involving designated municipal heritage sites.
- Demolition: Permits for the demolition of a building or structure.
- Tree felling: The felling of trees or the removal of a stand of wood.
- Groundworks: Implementation of works or activities, unless performed under archaeological supervision to protect heritage values.
- Construction in archaeological zones: Building activities where archaeological values may be disturbed, unless archaeological guidance is provided.
Exceptions for Urgent Circumstances
Article 3 allows the college to bypass the four-week delay if immediate activation is required due to spoedeisende omstandigheden (urgent circumstances). This exception is applied if the activity for which the permit is granted poses an immediate danger to the surroundings.
The explanatory notes clarify that urgent interest must be motivated by the college. Examples of such interests include:
- Health hazards: Situations where public health is at risk.
- Safety risks: Hazards related to fire or other calamities.
- Social interests: Placement of temporary units for educational or residential care purposes.
Legal Suspension and Combined Activities
Article 5 stipulates that if a request for a voorlopige voorziening (preliminary injunction) is filed with a competent court within the initial four-week period, the entry into force of the permit is suspended. The permit does not become active until a decision on the injunction request has been rendered.
If an environmental permit covers multiple activities, and the delay rules apply to at least one of those activities, Article 4 dictates that the four-week delay applies to the entire permit for all included activities.
Frequently Asked Questions
How long is the standard delay for a monument permit in Groningen?
The permit entry into force is delayed by four weeks starting from the day of announcement or public inspection.
Which activities are exempt from the four-week delay in archaeological zones?
Activities are exempt if their purpose is to protect archaeological values and they are performed under archaeological guidance.
Can a permit for tree felling start immediately?
No, tree felling and the removal of wood stands are subject to the four-week delayed activation rule under Article 2.
What happens if a legal objection is filed within the four-week period?
If a request for a preliminary injunction is made to the court, the permit is suspended until the judge reaches a decision.
Are there exceptions for social projects like temporary housing?
Yes, if the college identifies an urgent social interest, such as placing temporary units for residential care or education, the delay may be waived.
What happens if one permit covers both a monument and a standard renovation?
The delay applies to the entire permit, meaning the standard renovation activities are also postponed for four weeks.
