Request for legal permit for agricultural construction works


Questioner

Hello, On a plot of land consisting of approximately 600m2 of living space, 150m2 of garden and 6000m2 of agricultural land with value, I would like to build a canopy without walls, with a height of approximately 3 m and a surface area of ​​approximately 80m2, on the agricultural part with value. A few questions about this. A Is this possible with or without a permit? B If not, what possible objections could the municipality have or where can I find them in advance in the zoning plan? See article below. Thank you in advance for your response. French Article 4 Agriculture with values 4.1 Destination description The lands designated for agricultural purposes are intended for: a agricultural purposes in the form of pasture and grassland; b conservation, restoration and development of landscape, cultural-historical and ecological values; c facilities for slow traffic; the gardens, yards and pavements; and green areas; f waterways; g water and water management facilities. 4.2 Building regulations 4.2.1 Buildings No buildings may be constructed on or in these grounds. 4.2.2 Structures other than buildings The following provisions apply to the construction of structures other than buildings: a The building height of property and site boundaries may not exceed 2 m. b The building height of other structures, other than buildings, may not exceed 5.5 m. 4.3 Environmental permit for carrying out work, other than a building, or for activities 4.3.1 Works and activities It is prohibited to carry out or have carried out the following works, other than construction works, and activities without or in deviation from an environmental permit: a the leveling, excavating and raising of land; b the felling and harvesting of woody crops; c the construction and paving of roads, paths and parking facilities and the construction of surface paving; d the installation of above- and underground pipelines and associated structures, installations and equipment; and the construction of watercourses and the construction of sub-drainage systems. 4.3.2 Exceptions The prohibition contained in paragraph 4.3.1 does not apply to works and activities which: A concern normal maintenance and/or use, or are of minor importance; B are already being implemented or may already be implemented under an environmental permit granted at the time this plan comes into effect. 4.3.3 Admissibility The environmental permit referred to in 4.3.1 may only be granted if there is no disproportionate harm to the preservation, restoration and development of the landscape values ​​of the land.

Lawyer

It is best to first check for yourself whether a permit is necessary via www.omgevingsloket.nl.

Questioner

I've done that before. Whatever example I take, I always end up with a permit requirement. But whether it requires a permit or is permit-free is not so important, I think. I am actually more concerned with the possible permitted surface area. For example, for residential purposes it states that a maximum of 150 meters of outbuildings may be built. and I miss the indicated size of the surface area in agriculture with value. In my opinion, a canopy without walls is a structure that is not a building, where only the height is determined. A canopy would therefore be allowed to be very large on the agriculturally valuable piece of land. But I'm afraid the council won't agree with that. I am therefore now trying to find out why the municipality will/could reject this or why it could still require a maximum surface area.

Lawyer

If you contact me directly, I can take a look at the exact zoning plan. However, I need your address for that. Kind regards

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.