Specific enforcement in environmental law in Zoetermeer
The Environment and Planning Act (Ow) integrates enforcement from the General Administrative Law Act (Awb) and sector-specific acts, with specific application in Zoetermeer. Article 5.1 Ow grants powers for coercive measures in the case of illegal constructions or environmental violations in this growth centre. The legal qualification focuses on environmental norm violations, tailored to local circumstances such as the expansion of the City Centre and protected green zones.
The municipality of Zoetermeer's enforcement policy prioritises risks, including the Acute Hazard Zone (AGZ) around industrial areas such as the Harnaschpolder area. Proportionality weighs business damage against environmental protection, taking into account busy traffic arteries such as the A12 and local water quality in the Noorderparkpolder.
Practical examples in Zoetermeer
In the case of excess nitrogen deposition near the Buytenweide site, administrative coercion may be imposed. The Council for the Built Environment advises a risk-based approach, fitting Zoetermeer's sustainable ambitions. Case law (ECLI:NL:RVS:2023:789) tests the necessity of measures, such as in recent illegal expansions in the Oosterheem district.
Violators in Zoetermeer have an information obligation; non-compliance leads to increased sanctions. This framework, supported by the local Environment and Planning Vision, promotes sustainable compliance and protects livability in this medium-sized city.