Legal Advice on Zoning Plan Changes


Questioner

I own 2 hectares of agricultural land in the municipality of Tilburg. The municipality wants to change the zoning plan to nature and landscape and the destination becomes flowery grassland. Now they are approaching me for a contribution to the depreciation of the agricultural land and are offering me a subsidy of 50% and a nature management fee. This management subsidy is calculated based on the valuation of the land. What is wise in this?

Lawyer

It is an offer; you must estimate your actual damages and then enter into negotiations.

Lawyer

If there is a change in the zoning plan, I advise you not to go into anything for the time being. After all, a new zoning plan should also regulate the transitional law and on the basis of this, existing legal use can be continued. So check what is regulated in the new zoning plan for the transitional law. You can also make use of consultation and appeal options in the context of the zoning plan amendment, which you will probably have to waive if you make an arrangement with the municipality now. If the municipality wishes to implement plan-compliant use after a plan amendment, negotiations will have to be held with you at that time. My further advice is to seek assistance from a planning damage and expropriation expert.

Lawyer

That is if the plot is indeed used in conflict with the plan. Given the regulation of the compensation for planning damages, it is sometimes wise to agree on the use and compensation at an early stage, because then it is clear in advance that certain (process) costs will not be incurred and recovery will not occur. This is sometimes reflected in the offered price.

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