Planning & Environment
Planning and environment law relates to all legislation and regulations regarding the environment. The lawyers on the planning & environment team primarily advise on and litigate cases in which these laws and regulations impact property. We are well versed in all aspects of this specialised field and have extensive experience in supporting new construction projects, redevelopments, and transformations. A solution-oriented approach is paramount. We also support our colleagues from the other real estate teams on matters such as tenancy, project development, and transactions. When it comes to decision-making in real estate projects, we regularly seek collaboration and, if necessary, go head-to-head with the relevant government bodies. If needed, we conduct objection and appeal proceedings before the courts and the Council of State. We assist institutional investors and building developers, but also industrial establishments and companies that provide property management services to shops, offices, homes and hotels.
What we do
Planning and environment law
Planning and environment law includes spatial planning. Our work in this field often involves zoning plans and environmental permit applications for activities such as construction, road laying, felling and demolition. Other common themes are the 2012 Buildings Decree, energy conservation, asbestos, environmental impact assessments, and loss resulting from government planning decisions.
The environmental issues we are frequently asked to advise on include soil contamination, air quality, noise pollution, odour nuisance and nature conservation. We often help to diffuse tensions between existing and new developments; for example, when occupants of established business premises feel threatened by plans to build new homes. The team is well versed in the relevant Dutch legislation, such as the Environmental Management Act, the Soil Protection Act and the Nature Conservation Act.
The Environment and Planning Act expected to come into force on 1 July 2022 will bring many changes. Let us help you get a head start by understanding how this new legislation could impact your real estate projects.
General administrative law
The planning and environment team also advises on and litigates in relation to government decisions that extend beyond spatial planning and the environment. Examples include decisions based on the Government Information Public Access Act, the Public Administration Probity Screening Act, enforcement, and debts owed by or to the government.
"The many years of cooperation with Michael Klijnstra on environmental issues has resulted in detailed file knowledge in often complex subjects, which, in combination with the legal input, leads to successful cooperation."Legal 500 (2021)
- Zoning plans;
- Environmental permits;
- Land use and policy;
- Loss resulting from government planning decisions;
- Environmental law (soil, noise, air);
- Nature conservation;
- Supervision and enforcement;
- Freedom of information;
- The Public Administration Integrity in Decision-Making Act.