Plan damage
What is it?
Plan damage is damage caused by a spatial plan. This can be a zoning plan, but other spatial plans can also cause damage.
If an area is rezoned by a land use plan, you may be harmed. For example, if a plan stipulates that a residential use will be placed on a piece of grassland. This can cause (property) damage to surrounding houses.
Other examples:
- a beautiful meadow in front of your house has to make way for a highway. This reduces the value of your home.
- your business is less accessible due to the construction of a new road. As a result, you will lose revenue.
Is this the case with you? Then you can ask the municipality for compensation for this planning damage.
You may be entitled to compensation for planning damage. Compensation also exists for national projects (state projects). These types of projects of national importance are projects that often involve the territory of several municipalities and provinces. For example, a new freeway. You will not receive compensation if the damage has already been compensated in another way. Damage that falls within normal social risk remains the responsibility of the applicant.
How does it work?
Damage can occur in 2 ways:
- Your business has less income because of the plan (loss of income).
- Your house or other property has decreased in value because of the plan (property depreciation).
Compensation for planning damage
To qualify for relief from planning damage, 2 issues are important:
- You could not have foreseen the damage when you bought the house or land.
- You have not already received relief by other means (e.g., expropriation).
You will receive compensation if it is not reasonable for you to have to pay for the damage yourself or the damage is not insured.
A deductible of (at least) 2 percent applies:
- loss of income
- depreciation of the property
What to do?
You are requesting compensation for planning damage from the municipality. Please indicate the following in your application:
- why you are requesting relief
- how much relief you want
- by which spatial plan the damage occurred (e.g., the zoning plan)
- a description of the damage
- the loss amount
- in case of damage to an immovable property: cadastral number
- your bank account number
Note: You must request the relief within 5 years after the spatial plan is final.
You may submit the application for planning damage in writing to: Board of Mayor and Aldermen, Postbus 600, 6460 AP Kerkrade.
Requirements
Requirements for the allowance of plan damages include:
- you have suffered damage to your property (you are an owner, not a tenant)
- there is damage due to planning measures (spatial plans such as zoning plans)
- of the applicant, mayor and aldermen shall levy a duty of €300.
How long does it take?
The procedure for compensation for planning damage takes an average of one to one and a half years. Do you disagree with the decision? Then you can file an objection.
Additional information
The spatial plans
The Spatial Planning Act defines the spatial plans in which planning damage can occur. These may include the following "causes of damage.
- A provision from a zoning or zoning plan
- a provision from a management regulation
- A provision from an amendment or elaboration of a zoning plan or zoning impact plan
- an environmental permit for the use of land or structures in conflict with the zoning plan
- Withholding a decision to grant an environmental permit
- A provision of a provincial ordinance under which an environmental permit may be denied
- a provision of an operating plan under which an environmental permit may be denied
- a royal decree disapplying the Wro on grounds of national defense