APPENDIX 3B: SUMMARY OF SPATIAL PLANNING SYSTEMS: THE NETHERLANDS Topic Responsibilities for spatial planning at the national, regional and local level, including the policy themes covered at each level Response National: Governmental powers are divided between various bodies at the National level: the government (the queen, minister-president and the different ministers), the different ministries (6 in total; in particular the Netherlands ministry of Housing, Spatial Planning and the Environment (Ministerie van VROM), the Netherlands Ministry of Transport, Public Works and Water Management (Ministerie van V&W) and the Netherlands Ministry of Agriculture, Nature and Food Quality (Ministerie van LNV)) and the (Dutch) Upper Chamber (Eerste Kamer) and Dutch Lower Chamber (Tweede Kamer); the rights, duties and autonomies of which are specified in the Grondwet (Constitution), and additional legislation. The Netherlands has a public administration which is made up of the government bodies at the national, provincial and municipal levels, as well as some smaller governmental bodies with functional responsibilities (e.g. the water boards). Due to formal regulations and informal practice the plans and legislation at all levels complement each other, rather than conflict. Regional (provinces) and Municipal: Both provinces and municipalities are organised by the constitution. They have the responsibility for looking after the welfare of the community within the limits of the law. The provinces play an important part with regards to spatial planning. They are responsible for translating national policies and regulations to the provincial level and set out the framework for spatial planning policy at the local level. The municipalities also implement national spatial planning policy, but these policies always have to fit within the framework set out at the provincial level. The local authorities (municipalities) have control of all building works within the area. Spatial planning areas The Netherlands covers 41 526 km2; 14 % of the surface of the country is taken up by housing, business and infrastructure, some 70% are agricultural land and nature conservancy areas occupy more than 13% of the Netherlands. The country is made up of: 1 national authority 12 provincial authorities: o Province Drenthe (http://www.drenthe.nl) o Province Flevoland (http://www.flevoland.nl) o Province Friesland or Fryslân (http://www.fryslan.nl) o Province Gelderland (http://www.gelderland.nl) o Province Groningen (http://www.provinciegroningen.nl) o Province Limburg (http//www.limburg.nl) o Province Noord-Brabant (http://www.brabant.nl) o Province Noord-Holland (http://www.noord-holland.nl) Topic Response Key legislation in relation to spatial planning, spatial planning policy and policy guidance at each level Province Overijssel (http://www.prv-overijssel.nl) Province Utrecht (http://www.provincie-utrecht.nl) Province Zuid-Holland (http://www.pzh.nl) Province Zeeland (http://www.zeeland.nl) 489 municipalities: of which the four biggest are Amsterdam, Rotterdam, The Hague and Utrecht National: Policy that controls the whole national area and provides a key legislative basis for spatial planning is prepared at this level. The first legislation employed which related to spatial planning was passed in 1901 and was named the Woningwet (Housing Act). On January 1st 2003 a new Woningwet was introduced. In 1965 the Wet op de ruimtelijke ordening or WRO (Spatial Planning Act) was introduced. This Act is being revised at this moment to strengthen the position of the national government in spatial planning, and ensure that the objectives of the Act are carried through to the lower levels. To make sure that the objectives of the Act are implemented in the right way the Besluit op de Ruimtelijke Ordening or Bro (Decree on Spatial Planning) has been set up which holds rules and regulations on the implementation. The current Bro has been decided upon in1985, in November 2003 the Bro was last revised (a revision in which the watertest or watertoets was made mandatory for each provincial, regional or local spatial plan). o o o o Local: There is an act of Parliament to control rights and duties within the Provinces (named Provinciewet) and Municipalities (Gemeentewet). Topic Spatial plans produced at each level Response National: Since the 1960’s the national government has prepared national plans on spatial planning to accommodate the reconstruction and alternation activities that have and still do result from economic growth and a growing population. The plans integrate all spatial aspects and set out the framework for the spatial development of the Netherlands as a whole and for the spatial plans at the provincial and local level. On April 23rd 2004 the National Government has decided upon the new National Spatial Plan (Nota Ruimte) (the fifth one since the introduction of the National Plans). On Tuesday April 27th 2004 the new Plan has been made public. This Plan replaces the Fourth National Policy Document on Spatial Planning which dates from 1994 (and its updated version, the Vinac, which dates from 1999). What makes this new plan stand out in comparison to the previous national spatial plans, is that it integrates all spatial aspects of policies in the Netherlands: this means that the plan not only focuses on “traditional” spatial planning aspects (e.g. housing, industrial sites), but also on spatial aspects of the mobility policy which use to be laid down in the National Traffic and Mobility Plan (Nationaal Verkeers- en vervoersplan) as well as the spatial aspects of the agricultural sector, which used to be laid down in the Structure Plan Green Space 2 (Structuurschema Groene Ruimte 2). The non-spatial aspects of these sectors will be integrated in respectively the new Mobility Plan (Nota Mobiliteit) and the Agenda for a Vital Countryside (Agenda voor een Vitaal Platteland) Some municipalities within a province can choose to develop a regionale structuurvisie of regional structuurplan (regional structure vision or regional structure plan). These plans/visions are not mandatory, but the WRO does hold rules and regulations on the procedure concerning the plans/visions. The regionale structuur plan or regionale structure vision focuses on the future development of all the municipalities involved. Topic Response Regional: Since the 1960’s provinces have prepared regional plans so-called streekplannen, to regulate spatial planning. These streekplannen are mandatory (laid down in the WRO) and are elaborations of the national spatial plan. Some provinces have one streekplan for the whole province, other provinces have set up more than one streekplan, together covering the whole province. In the streekplannen the provinces sketch the outlines on where agriculture, nature and recreation can be developed or exist and where there is room for offices, housing, industrial sites and infrastructure. Streekplannen in their turn form the framework for the spatial plans that are being set up at the local level. More and more provinces are choosing to integrate their policies on spatial planning with policies on environment, water and traffic and mobility. These plans are also called Provincial Omgevingsplannen or Provinciale Ontwikkelingsplannen (Provincial Surroundings Plan or Provincial Development Plan). Examples can be found in the Provinces of Drenthe, Friesland and Limburg. Topic Response Local: The most concrete plans are being set up at the local level and are called bestemmingsplannen or land use plans. Because these plans are the most concrete they are the most important for what the actual spatial structure of the country looks like. The WRO holds rules and regulations on the contents and procedures surrounding the bestemmingsplannen. At this moment these plans are mandatory for the countryside and optional for urban areas, when the WRO is revised the bestemmingsplannen will become mandatory for the whole area of the municipality. The rule is that every bestemmingsplan has to be revised every ten years. All bestemmingsplannen have to fit within the framework that has been set out in the streekplannen. The Province plays an important part in the procedure surrounding the development of a bestemminsplan: the province always has to give permission for the bestemmingsplan to be legitimate. A bestemmingsplan concerns both civilians, private companies and the municipal authority. Bestemmingsplannen do not only hold rules and regulations on the use of land (land use is laid down in smaller or bigger zones), but also hold rules and regulations on maximum height and width of buildings and constructions. If a proposed development does not satisfy the plan criteria, yet the municipality would like to approve it, the plan is first changed. When a plan is changed a procedure has to be run through that has been laid down in the WRO. The planning system is a mix of formal statutory planning and active involvement in the land market. Where the objective is to regulate change then statutory planning is utilised, whereas, where the objective is to stimulate change, active land policy is used (egg. Land consolidation schemes).Local land use plans are legally binding, therefore providing legal certainty for possible developers (i.e. they know before hand if their proposal would be approved). Some municipalities chose to set up a structuurplan (structure plan) or structuurvisie (structure vision). These plans/visions are not mandatory, but the WRO does hold rules and regulations on the procedure concerning the plans/visions. The structuurplan or structure vision focuses on the future development of the municipality as a whole or parts of the municipalities. Key documents/websites used 1. 2. 3. 4. 5. 6. 7. The EU compendium of spatial planning systems and policies – Belgium Decree on Spatial Planning (2003) Housing Act (2003) Spatial Planning Act (1962) wetten.overheid.nl (NL) www.overheid.nl (NL & EN) www.vrom.nl (NL & EN)