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Monuments Act).
Environmental planning - State
* Environmental Planning Act (Act dated 5 July 1962)
Re regional plans:
ʹThe Provincial Executive (of a Province) does whatever is necessary in preparation of the
stipulation of the Provincial policy concerning environmental planning....ʹ
(Art. 4, item 1, Environmental Planning Act).
ʹThe Provincial Executive can determine a regional plan for one or more parts of the Province
or for the whole Province. The regional plan outlines the future development of the area
included in the plan. The Provincial Executive can also revise a previously determined
regional planʹ
(Art. 4a, item 1, Environmental Planning Act).
ʹA regional plan is reviewed at least once every ten years, subject to exemption granted by
Our Minister for a maximum of ten yearsʹ
(Art. 5, Environmental Planning Act.
Re zoning plans:
A zoning plan is drawn up by municipalities, insofar as such is necessary for a good physical
planning, for their areas
ʹnot belonging to what is called a built‐up area. The zoning plan designates the use of the land
included in the plan. If necessary and in connection with the designation, the zoning plan
stipulates regulations concerning the use of the land included in the plan and the structures
situated on that land....ʹ
(Art. 10.1, Environmental Planning Act).
Art. 44, item lb of the Environmental Planning Act stipulates that when a permit has not
been granted for activities requiring a permit in pursuance of the 1988 Dutch Monuments Act or in
accordance with a Provincial or a municipal monuments bye‐law, the municipal executive must refuse
to grant what is called a development permit (a permit for carrying out activities that have a
permanent impact on the use of the land).
ʹIn departure fromʹ
what is stated above
ʹthe municipal executive shall postpone the decision concerning a permit request (....) if no
grounds exist for refusing the permit and the permit request involves a project or an activity in
an area belonging to a protected cityscape or townscape in the sense of the 1988 Dutch
Monuments Act, for which no zoning plan covering its protection appliesʹ
(Art. 46, item 5, Environmental Planning Act).
This ʹpostponementʹ shall apply until a zoning plan which is to be determined or revised in
order to meet Art. 36 of the 1988 Dutch Monuments ACT, is irrevocably approved.
The municipal executive can
ʹgrant a construction permit if the project or the activity does not conflict with the zoning
plan being prepared for the preservation of the protected cityscape or townscape and the
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