Nota Ruimtelijke Beoordeling 2023 – Bloemendaal Spatial Assessment Guidelines
The Nota Ruimtelijke Beoordeling 2023 is an official policy document issued by the Municipality of Bloemendaal (Gemeente Bloemendaal). Adopted by the municipal council on April 20, 2023, this document serves as the regulatory framework for assessing requests for deviations from the valid zoning plan (bestemmingsplan) and formal principle requests (principeverzoeken). It directly replaces the previous 2017 edition and functions as a bridge toward the implementation of the Environmental Act (Omgevingswet), which is referenced as a primary driver for the updated assessment procedures.
The scope of the document encompasses all spatial developments within the municipality that conflict with existing zoning regulations. It defines the procedural pathways for environmental permits (omgevingsvergunningen), plan revisions, and the specific categories of cases where a Declaration of No Objections (Verklaring van Geen Bedenkingen or VVGB) is required from the municipal council. The guidelines detail the application of the Social Spatial Planning Act (Wro) and the General Provisions for Environmental Law Act (Wabo), providing structured criteria for evaluating spatial quality, regional housing agreements, and damage compensation agreements (planschadeverhaal).
This framework provides a clear methodology for initiators to gauge the feasibility of a project before submitting formal permit applications, particularly through the use of principle decisions and the spatial quality handbook included in the annexes.
Spatial Instruments and Procedures
The document identifies several legal instruments for deviating from the zoning plan, categorized by the complexity of the procedure and the required spatial substantiation.
- Binnenplanse afwijking: Deviations explicitly permitted within the rules of the existing zoning plan, following a regular procedure (Article 2.12, paragraph 1a, sub 1 of the Wabo).
- Buitenplanse afwijking (Kruimelgevallen): Small-scale deviations listed in Annex II, Article 4 of the Bor, handled via a regular 8-week procedure.
- Uitgebreide procedure: For major deviations requiring a comprehensive spatial justification (ruimtelijke onderbouwing) and potentially a VVGB from the council.
- Coördinatieregeling: A procedure allowing the simultaneous processing of multiple permits and zoning plan revisions to streamline the administrative process.
Principle Requests (Principeverzoeken)
A principeverzoek is an informal request used to test the administrative support for a spatial development before a formal application is filed. While it has no formal legal status under the Wro or Wabo, it provides initiators with an essential indication of feasibility.
- Submission Requirements: Must include a project description, location details, a motivation for spatial integration, and preliminary drawings.
- Assessment Process: The request is evaluated against policy rules 1, 2, and 3, involving various municipal departments and the OD IJmond for environmental checks.
- Decision: The result is a principle decision (principebesluit) issued by the Board of Mayor and Aldermen (College van B&W).
Assessment Principles and Policy Rules
The evaluation of spatial projects is governed by three primary policy rules (beleidsregels) that ensure consistency with municipal and regional goals.
- Policy Rule 1 (Structural Vision): Proposals must align with the Structuurvisie Bloemendaal or the Nota Bijgebouwen 2017.
- Policy Rule 2 (Regional Agreements): Developments must comply with provincial and regional agreements regarding housing, retail, and office locations, including the Ladder for Sustainable Urbanization.
- Policy Rule 3 (Spatial Quality): All developments must maintain or improve the spatial quality specific to their zone (Dorpenzone, Landgoederenzone, or Kust- en duinzone).
Spatial Quality Zones
Spatial quality is assessed based on the specific characteristics of the area where the project is located.
- Dorpenzone (Village Zone): Projects must not decrease existing spatial quality; improvements are encouraged but not mandatory for approval.
- Landgoederenzone (Estate Zone): A mandatory improvement in spatial quality is required for any project approval (no-unless principle).
- Kust- en duinzone (Coast and Dune Zone): No spatial developments are permitted in principle, except for those specifically named in the Structuurvisie or Visie Bloemendaal aan Zee.
Frequently Asked Questions
What is the lead time for a zoning plan revision in Bloemendaal?
A revision of the zoning plan (bestemmingsplan) typically takes approximately 6 to 9 months and requires approval from the municipal council.
When is a spatial quality assessment not required?
Assessment under Policy Rule 3 is not required for applications handled under the Nota Bijgebouwen 2017 (outbuildings) or cases involving only a change of use without physical construction.
What are the requirements for a 'kruimelgeval' deviation?
Small-scale deviations follow a regular 8-week procedure and must comply with the list in Annex II, Article 4 of the Bor, such as annexes to main buildings or minor changes in use.
Is a principle decision legally binding?
No, a principebesluit has no formal legal status and cannot be appealed, but it serves as an indicator of administrative support for the proposed plan.
When is a damage compensation agreement (planschadeverhaal) necessary?
An agreement must be signed before the municipality cooperates with a procedure if there is a risk of third-party damage claims under Article 6.4 of the Wro.
What is the 'Ladder for Sustainable Urbanization'?
It is a mandatory test under Article 3.1.6 of the Bro to ensure new urban developments fulfill an actual regional need and prioritize space within existing urban areas.
