Doing Business in the Netherlands 2012 - American Chamber of ...

government hierarchy, and to have government and provincial policy
implemented throughout the system.
In the new Spatial Planning Act, a clear difference has been made
between spatial planning policy and its (legal) implementation. The
zoning plan occupies a central position. A new element is the
structural concept in which authorities describe their spatial planning
policy. These new structural concepts replace the current key
planning decision (at the national level), regional plans (at the
provincial level) and structure plans (at the regional and municipal
level). One advantage of this is the shorter procedure, which allows
parties to quickly take advantage of new possibilities and
opportunities. Among other things, the Spatial Planning Act also
means that:
� a shortened zoning plan procedure is reduced from over a year
to 26 weeks;
� zoning plans must be digitalized;
� provincial authorities may no longer approve zoning plans;
� provinces and the State can give indications in the zoning plan
procedure;
� a fast construction procedure (project decision) is enforced;
� there is a 2% excess for compensation for loss resulting from
government planning decisions;
� the permit-issuing body has the option of coordinating
licensing procedures and of combining them into a single
appeal/objection procedure (coordination scheme); and
� zoning plans must be updated or whose period is extended
every 10 years.
74 Baker & McKenzie