Frequently asked questions Omgevingswet

The Omgevingswet deals with the space in which we live, work and relax: the physical environment. This new law merges laws and simplifies
rules for much of what you see, smell and hear outside. The law applies to all residents, organizations and businesses. The Omgevingswet took effect January 1, 2024.

Since 1810, many different laws and regulations have been made for outdoor space, such as for soil, water, roads, environment, monuments, nature, noise and new construction. These laws are not only complicated; they also sometimes contradict each other and multiple terms are used when the same thing is meant. The loose rules and laws also often hinder the development of innovative, sustainable initiatives. Therefore, 26 laws will be simplified and bundled into one Omgevingswet.

Residents will not initially notice anything about the Omgevingswet Act. But if you want to renovate your house or garden and you apply for a permit, it will be different than before. You will look up the rules in a new online office, the Omgevingsloket. This will enable you to find out about the rules and regulations of the various levels of government (municipalities, water boards, provinces and the state) all at once. In that desk you can check whether you need a permit or a notification. You can also apply for the permit or report there right away. The Omgevingswet also ensures that you can have a say in the environmental vision, the environmental plan and the environmental programs in your municipality. And about initiatives in your neighborhood. This is already possible, but the Omgevingswet Act encourages you to be more actively approached by initiators in your area to think along with you.

Actually all of us! Residents, entrepreneurs and governments are jointly responsible for the quality and development of our living environment. Municipalities lay down the future image of the municipality in the environmental vision. In environmental programs this is further developed for areas, such as Gijzenrooi or the Coevering district. This way inhabitants and initiators see what they can do to contribute to the future of Geldrop-Mierlo.

An important improvement of the new law is that the physical environment is seen and approached more in context. This means that themes such as energy transition, sustainability, social and societal challenges will also be included when plans are being filled out. The intention is that this will improve the quality of the living environment and that not only quicker, but also better decisions will be made about the interpretation of outdoor space. This will benefit all residents and entrepreneurs. In the future, officials and residents will have access to the same information via the Environment Counter. Residents will be involved in a plan at an early stage by initiators in the neighborhood. Thus, the application for an (environmental) permit will soon be faster.

With the introduction of the Omgevingswet , the legislature assumes that decision-making will be better and faster. However, the introduction of the law involves major changes in implementation. Like a renovation, not everything is in the right place right away. It takes time and it can also sometimes go wrong. All separate laws and regulations will soon fall under one new law. That is new. Moreover, we (residents, entrepreneurs and government) will work together differently. This will take some getting used to at first and not everything will go well right away.

Yes, a zoning plan is now called Environment Plan.
A permit application that deviates from the Environment Plan is now called: Buitenplanse omgevingsplanactiviteit (abbreviated: BOPA).
And the criterion for spatial changes is the test against the balanced allocation of functions to locations (previously: good spatial planning).

You can apply for a permit through the Environment Counter. This is all done digitally through the Environment Counter. Through this desk you can immediately see what rules apply to a parcel or area. In addition, the indissolubility of the permit is removed, which means that different activities within one permit can be authorized separately. You, as initiator, can decide how the activities are submitted, together or separately.

Each permit is initially considered a regular procedure where the decision period is 8 weeks with one maximum extension of 6 weeks. If your application deviates from the environmental plan (we are talking about an out-of-plan environmental plan activity), the municipality may decide to declare the extensive procedure applicable.

The municipality can do so if your plan has a significant impact on the physical environment. And it is expected that various interested parties will have objections. This is also possible at your request. The decision period for the extensive procedure is 6 months with one maximum extension of 6 weeks.

Under the old law, a permit was by operation of law when a decision was not made within the decision period. This will soon no longer exist. Under the Omgevingswet , the administrative body can be declared in default if a decision is not made within the decision period. After receiving the notice of default and two weeks after the decision period has expired, the administrative body may be subject to a penalty payment. Also, if a decision is not forthcoming after a notice of default has been sent, you can appeal directly to the court.

Pre-consultation is important but not mandatory. A preliminary consultation is advised because it has advantages for you. With the preliminary consultation, you have an early insight into whether your plan can count on cooperation and under what Requirements . This allows you to better prepare the formal application for your environmental permit.

Participation in initiatives is important to the municipality of Geldrop-Mierlo. When submitting the application, the initiator must always indicate whether participation has taken place but it is only mandatory for certain developments. In any case, participation is mandatory when a plan meets the following Requirements :

• It is a building plan for which the environmental plan must be amended
• It involves construction and/or activities leading to change of use.

Click here to see what other builds and changes it applies to.

For the municipality, participation is mandatory for the preparation of the environmental vision and the environmental plan, among others.