Environmental permit contrary use

Suppose you want to turn a house into an office, but the zoning plan states that only living is allowed in this building. Then you can apply for an environmental permit contrary use. If this permit is granted, you can turn the house into an office.

For example, you need an environmental permit for contrary use when:

  • you want to live in a building intended as a business, store, office or warehouse
  • you want to start a restaurant in your home
  • You want to use a property as a store, office, business or warehouse
  • you want to use a site as a festival site

You can view the zoning or other spatial plan online through the website www.ruimtelijkeplannen.nl or at the municipality's Environmental Desk.

Environmental Impact Assessment Decree (EIA Decree).

Are you going to build or renovate? Then the municipality wants to know whether these building plans have an impact on the environment. This is regulated in the Environmental Impact Assessment Decree (EIA Decree for short). This decree states whether an EIA assessment obligation applies or whether a report must be made (an "environmental impact report").

How do you determine whether you have a duty to assess or whether a report must be made?

We recommend that you hire a specialized agency to do this. This agency can also prepare a notification memorandum for you if necessary.

To assess whether a report needs to be prepared or if there is an assessment requirement, look in the C and D lists of the Annex of the EIA Decree. Here you can read for each type of project whether there is an assessment requirement or if a report needs to be prepared.

  • You first check to see if your project is in column 1.
  • Then see if your project is above or below the threshold in column 2.
  • Finally, look in column 4 to see if your project requires a decision from this column.

When is an environmental impact statement required?

  • If your project is in the C list. or
  • If an EIA shows that your project may have significant adverse effects on the environment.

An environmental impact assessment describes in detail the environmental consequences of the project and what measures can be taken to prevent these consequences.

When is an EIA required?

  • If your project is in column 1 of the D-list and exceeds the threshold.

An EIA examines whether your project might have significant adverse effects on the environment. If so, an environmental impact assessment must be prepared.

Does your project need an EIA? Then you must prepare a notification memorandum and send it to us (for more information see below). We will then see if an environmental impact report is necessary. Note! Before we make a decision on the permit application, there must first be a decision on the EIA.

When is a form-free EIA required?

  • If your project is in column 1 of the D-list but does not exceed the thresholds in column 2.

Even small projects can harm the environment. Should your project receive a form-free EIA? Then you must prepare a notification memorandum and send it to us (for more information see below). We will then see if an environmental impact report is necessary. Note! Before we make a decision on the permit application, there must first be a decision on the EIA.

Notification Note

We recommend that you have a notification memorandum prepared by a specialized agency. On the basis of the notification memorandum, we will determine whether your project may be environmentally harmful.

The notification note should state:

  1. The characteristics of the project. Think of: size, degree of pollution, inconvenience to the surroundings of the project etcetera.
  2. Project location. How sensitive is the environment in the area potentially affected by the project? For example, is it located in or near a protected natural area or cityscape?
  3. What the effects on the surrounding area are. Consider geographic impacts, size of affected population, etcetera.

Apply

You apply for an environmental permit for contrary use online through the Omgevingsloket.

Apply for multiple environmental permits at once

If you need multiple environmental permits, for example to build or demolish, you do not need to apply for each permit separately. Through the online Omgevingsloket you do this with 1 application.

Bring

To apply for an environmental permit for contrary use, you will need the following:

  • Your DigiD (individuals) or eHerkenning (business owners).
  • Data and documents that show how you currently use the land or a building.
  • A description of how you want to use the land or a building.
  • A site plan and/or construction drawing of how it looks now and how it will look later.
  • A description of the impact of your plan on the area.
  • A description of how your plan conflicts with the municipality's zoning ordinance.
  • Your motivation: why do you want to implement your plan?

Costs

A fee (dues) is charged for an application for an environmental permit. We will inform you of the exact costs after we have received your application. The costs of having any spatial substantiation or research reports prepared will be borne by the applicant.

How long will it take?

  • Within 8 weeks, you will be notified whether you will receive the permit.
  • The municipality can extend the decision period by 6 weeks.
  • If the municipality does not decide within this period, you will automatically receive the permit.

Decision deadline 6 months for complex applications

  • For complex applications, which, for example, have a major impact on the environment, there is a 6-month decision period.
  • The municipality may extend this deadline by 6 weeks.
  • If the municipality does not decide within this period, you will not automatically receive the permit.

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