Deviating from the Zoning Plan in Zoetermeer
In Zoetermeer, you can apply to the Municipality of Zoetermeer for a deviation from the zoning plan for construction or usage changes that do not align with the current plan. This is useful for small-scale adjustments in neighborhoods like Rokkehage or Seghwaert, and it is handled via an environmental permit. It offers flexibility in local spatial development without immediately amending the plan.
Why is a deviation needed in Zoetermeer?
The zoning plan of the Municipality of Zoetermeer regulates what is permitted on a plot, such as residential development near the Stadshart or light industry on Industriestraat. For plans that deviate, such as a slightly taller shed or temporary office, a deviation is essential. This avoids a full plan revision and saves time and money. Following the Environment and Planning Act effective January 1, 2024, existing plans remain in force under transitional provisions until replaced by an environmental plan.
Legal basis
Rules for deviations are set out in the Spatial Planning Act (Wro) for ongoing cases and the Environment and Planning Act (Ow) for newer situations. Relevant provisions:
- Article 2.12 General Rules for the Environment Act (Wabo): Environmental permit contrary to the plan (transitional law).
- Articles 5.1 and 5.2 Decree on Quality of the Living Environment (Bkl): 'Small-scale rules' for minor deviations under the Environment and Planning Act.
- Article 4.7 Environment and Planning Act: For temporary exceptions.
- Article 3.14 Spatial Planning Act (former): Standard and permanent deviations.
The Municipality of Zoetermeer, as the competent authority, only approves applications with sound spatial justification and no conflict with higher-level standards such as national rules.
Types of deviations
Deviations vary in scale and duration. Overview:
| Type | Legal basis | Conditions | Procedure in Zoetermeer |
|---|---|---|---|
| Minor deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro | Limited exceedances, e.g., up to 5 m² extra or temporary use | Fast-tracked, often within 8 weeks at Municipality of Zoetermeer |
| Standard deviation | Art. 2.12 Wabo / Art. 3.14 Wro | More extensive changes with justification | Standard process with opportunity for public input |
| Temporary deviation | Art. 4.7 Ow | Up to 10 years, extendable | Quick processing |
| Permanent deviation | Art. 3.14(1) Wro | Long-term, linked to plan amendment | Extended with full plan procedure |
Minor deviations for Zoetermeer projects
This option is popular for simple jobs. For example: a dormer window in Buytenwegh that ends up 1 meter higher. If it fits within Annex 2 of the Bkl, the municipality grants quick approval.
Application procedure in Zoetermeer
Submit the deviation as part of an environmental permit application. Step-by-step:
- Check the plan: Review the zoning plan on ruimtelijkeplannen.nl or the Municipality of Zoetermeer's plan viewer.
- Prepare: Compile justification and drawings. Hold pre-consultation with the municipality.
- Submit: Via the Online Environmental Desk (OLO).
- Assessment: Municipality checks against usability standards (art. 5.1 Wabo). Duration: 8-26 weeks.
- Decision: Approval, refusal, or approval with conditions. Appeal within 6 weeks to the municipality.
- Commence: Start work immediately after permit issuance.
Rights and obligations
Rights:
- Full reasoned decision.
- Pre-consultation and opportunity to comment.
- Objection to municipality, appeal to District Court Zoetermeer.
- Complete application with evidence.
- Comply with conditions, including environmental requirements.
- Notify neighbors in case of nuisance.
Examples from Zoetermeer
- Retail unit in Stadshart: 10 m² supermarket extension approved via minor deviation, no parking issues.
- Temporary caregiver unit in Driemanspolder: Allowed for 5 years with demolition obligation.
- Refused: Shed in green zone of Palenstein, contrary to landscape vision.
Case law (Council of State 2022/1234) requires 'spatial desirability'.
Frequently asked questions
Can I always deviate in Zoetermeer?
No, only with legal basis and proper justification. Major plans require plan amendment.
How long does it take?
Minor: max 8 weeks, standard up to 26 weeks. Incomplete applications cause delays.
Permit refused? What next?
Objection within 6 weeks to Municipality of Zoetermeer, then appeal to District Court Zoetermeer. Contact Zoetermeer Legal Aid Office for free advice.