General rules in the Dutch Spatial planning act
PhD student: Dr D. Korsse
Promotors: Prof B.J. Schueler, P.J.J. van Buuren
Duration: 1/9/2009 - 31/8/2013
PhD defence: Utrecht, 9/1/2015
In Articles 4.1 and 4.3 of the Dutch Spatial Planning Act, the provinces and the Crown respectively are empowered to lay down general rules concerning the content of municipal zoning plans and other planning decisions. Within one year such other period as stated in the provincial bye-law or the Order in Council, municipalities are obliged to adjust their zoning plans according to those rules. Moreover, both the provinces and the Crown can lay down rules directed at citizens. Because building-permits and other permits have to be compatible with these rules, citizens are directly affected. The rules can also contain specific prohibitions for land use. The general rules are a new instrument in Dutch spatial planning. The research focuses on two main topics. Firstly, the legal questions surrounding this new instrument will be addressed. This lays the groundwork for general recommendations concerning the content of provincial regulations and Orders in Council, as well as concerning the practical use of the general rules. Secondly, the research will map the different provincial bye-laws and screen them for best practices. Orders in Council will also be involved in the research. Both topics are closely interrelated. The research concerning the provincial bye-laws and the Orders in Council partially serves to find out which practical problems can be expected to arise, based on the findings in the bye-laws and the Orders in Council.