An environmental and planning law attorney assists you in disputes about the physical living environment. Think of an environmental permit that is refused, or granted to your neighbour. Or an order subject to a penalty payment, and the rules of the environmental plan. Law & More advises and litigates in these matters, from Eindhoven and Amsterdam. We assess your position and watch the deadlines. We conduct proceedings before the competent authority, the district court and the Administrative Jurisdiction Division of the Council of State.
The short answer
Dutch environmental and planning law has been consolidated since 1 January 2024 in the Environment and Planning Act. That Act governs building, environment, nature, water, soil, noise and heritage together. The municipal rules sit in the environmental plan. Many activities require a permit or a notification.
The system is broad and the deadlines are short. A decision in principle becomes final after six weeks. We are engaged at three moments:
- Beforehand: preparing an application or assessing the feasibility of a plan.
- On a decision: where a permit is refused, granted with onerous conditions, or granted to someone else.
- On enforcement: where the authority announces or imposes a sanction.
Environmental permits
We assess whether your activity requires a permit and under which heading. Under the Environment and Planning Act the building activity is split into a technical building activity and an environmental planning activity. That split determines which test applies and which track you follow.
Where your plan does not fit the environmental plan, an outside-plan environmental planning activity is required, known as a BOPA. We prepare the spatial substantiation or review the one produced by your adviser. We also guide the pre-application consultation with the municipality and the participation with the surrounding area.
If the permit is refused, or contains conditions you cannot work with, we file an objection or appeal. Where a permit is granted to someone else and affects your interest, we examine whether you qualify as an interested party and which grounds have prospects. How that route runs is set out in our article on objecting to an environmental permit.
Enforcement and administrative sanctions
The competent authority has a range of instruments. The most common are the order subject to a penalty payment and the order subject to administrative coercion. In a number of cases the Act also provides for an administrative fine, for instance for breaches of rules on Seveso establishments or on building and demolition. Withdrawal of an environmental permit is also possible.
In enforcement matters every stage counts. We respond to the intention and the hearing, assess whether the compliance period is workable, and where necessary challenge the order itself. Where a collection decision is pending, we test whether the penalty payments were in fact forfeited.
We also act on the other side. If you suffer nuisance from a business or a structure that breaches the rules, you file a request for enforcement. If that request is refused, objection and appeal are open against the refusal.
Environmental plan and area development
The environmental plan determines what is permitted at a location. On a revision you may file a view on the draft. Against the adopted environmental plan, appeal lies with the Administrative Jurisdiction Division of the Council of State. There is therefore no objection stage and no intermediate step at the district court.
We support initiators who need an amendment to the environmental plan. We also assist neighbours and businesses who wish to challenge the effects of a plan amendment. In doing so we look at environmental capacity, noise, odour, nitrogen, soil and traffic.
Proceedings
- objection with the municipal executive, the provincial executive or an environmental agency;
- views on draft decisions in the extended procedure;
- applications for interim relief with the provisional relief judge;
- appeal to the district court, administrative law division;
- further appeal and single-instance appeal to the Administrative Jurisdiction Division of the Council of State.
Where a dispute lends itself to discussion, that is where we start. An adjustment to the plan, a revised set of conditions or an agreement with a neighbour sometimes resolves a matter faster than proceedings. In the meantime we always watch the statutory deadlines, so that talking costs you no rights.
Who we act for
- Businesses with a production site, storage or commercial premises facing environmental conditions or supervision.
- Developers and contractors needing a permit or a plan amendment.
- Property owners in transformation, refurbishment or an enforcement decision.
- Private individuals with building plans or affected by a plan in their surroundings.
- Associations and foundations acting for a collective or general interest.
How we work together
- Introduction. You put the matter to us. We ask about the decision, the date of announcement and the parties involved, so we immediately establish which deadline is running.
- File analysis. We study the decision, the application, the underlying reports and the rules of the environmental plan. Where necessary we request documents from the authority.
- Advice on the route. You receive a reasoned view of the legal position, the viable grounds and the expected timeline. We also discuss what is not possible.
- Execution. We prepare the documents and conduct the proceedings. We appear for you at hearings. You receive copies of everything filed and received.
- Conclusion. After the outcome we discuss the consequences and any next steps, such as a fresh application or an amended plan.
What you can expect from us
You have one attorney as your fixed point of contact. We explain the legal position in plain language and set out which steps are needed when. We agree the costs in advance, so you know where you stand.
We make no statements about the outcome of proceedings. The administrative court decides and that outcome cannot be guaranteed. What we do is map your position carefully and argue the case on the strongest grounds. If a case has little prospect, we say so.
Where a matter calls for technical expertise, we work with advisers in noise, odour, soil, ecology or structural engineering. We assess their reports for usability in the proceedings.
Frequently asked questions
When should I engage an environmental and planning law attorney?
Preferably as soon as a decision is announced or foreshadowed. The period for objection and appeal is six weeks. Early advice is also useful on an intention to enforce, because you can still influence the order at that stage.
Is legal representation mandatory in Dutch administrative law?
No. There is no mandatory representation in objection, appeal or further appeal in administrative law. Many cases nonetheless turn on how the grounds are framed and on filing evidence in time. Legal assistance is often decisive there.
What does an environmental law case cost?
That depends on the size of the file, the number of instances and the studies required. Court fees are payable for appeal to the district court and for interim relief. We discuss the fee arrangement and the expected costs at the first meeting.
Are you dealing with an environmental permit, an enforcement decision or an amendment to the environmental plan? Acting quickly matters. Law & More will review your file and discuss which route is open to you. Contact our office in Eindhoven or Amsterdam for an initial meeting.