Deviation from the Zoning Plan in Rotterdam
In Rotterdam, you can obtain permission from the Municipality of Rotterdam for a deviation from the zoning plan for construction or use changes that do not align with the current plan. This is useful for minor adjustments in the vibrant port city, such as modifications along the Meuse riverbanks or in districts like Rotterdam-South. The application is submitted via an environmental permit and offers flexibility in spatial development without immediately amending the plan.
Why deviate in Rotterdam?
The zoning plan regulates what is permitted on a plot, from residential to industrial use in the Port of Rotterdam. For non-conforming plans, such as a slight height exceedance in a densely populated area or temporary use for events, a deviation is ideal. It saves time and money compared to revising the plan. Following the Environment and Planning Act effective 1 January 2024, legacy plans continue under transitional law until replaced by an environmental plan, which is highly relevant in Rotterdam due to ongoing urban development.
Legal basis
Rules for deviations are found in the Spatial Planning Act (Wro) for older cases and the Environment and Planning Act (Ow) for newer ones. Key provisions:
- Article 2.12 General Provisions for the Environment Act (Wabo): Conditions for environmental permits contrary to the zoning plan (transitional law).
- Articles 5.1 and 5.2 Decree on Quality of the Physical Environment (Bkl): 'Minor deviation' rules for small deviations under the Environment and Planning Act.
- Article 4.7 Environment and Planning Act: For temporary deviations.
- Article 3.14 Spatial Planning Act (legacy): Standard and structural deviations.
The Municipality of Rotterdam, as the competent authority, approves only with sound spatial justification and without conflicting with environmental plans or national rules.
Types of deviations
Deviations vary in scale and duration. Overview:
| Type of deviation | Legal basis | Conditions | Procedure |
|---|---|---|---|
| Minor deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro (legacy) | Small changes, e.g. max. 5 m² extra or temporary use | Fast-tracked, often within 8 weeks at Municipality of Rotterdam |
| Standard deviation | Art. 2.12 Wabo / Art. 3.14 Wro | More extensive deviations with justification | Standard process with public consultation |
| Temporary deviation | Art. 4.7 Ow | Up to 10 years, extendable | Quick decision |
| Structural deviation | Art. 3.14(1) Wro (legacy) | For longer term, with plan amendment | Extended process |
Minor deviations in Rotterdam practice
Minor deviations are popular for small-scale projects. For example: a dormer 1 metre higher on a terraced house in Feijenoord. If it fits Appendix 2 of the Bkl, the Municipality of Rotterdam grants quick approval.
The procedure step by step in Rotterdam
Apply via environmental permit:
- Check the plan: Via ruimtelijkeplannen.nl, the Environmental Permit Desk or the Rotterdam map viewer.
- Prepare: Draft justification, drawings and consult with Municipality of Rotterdam (pre-application advice via counter or online).
- Submit: File via the Online Environmental Permit Desk (OLO).
- Assessment: Review against usability standards (art. 5.1 Wabo), 8-26 weeks.
- Decision: Approval, refusal or with conditions. Appeal within 6 weeks to the municipality.
- Commence: Proceed after permit issuance.
Rights and obligations
Rights:
- Full reasoning for the decision.
- Pre-application advice and opportunity to comment.
- Objection/appeal to Rotterdam District Court.
- Complete application with substantiation.
- Comply with conditions, including environmental requirements.
- Notify neighbours in case of nuisance.
Rotterdam case examples
- Shop extension: Supermarket in Charlois expands by 10 m²; minor deviation approved, no parking issues.
- Temporary unit: Carer's unit in IJsselmonde for 5 years, with demolition obligation.
- Refusal: Shed in Kralingse Bos rejected due to green policy.
Council of State case law checks if the deviation is 'in line with planning policy'.
Frequently asked questions
Can I always deviate in Rotterdam?
No, only with legal basis and proper justification. Major plans require a plan amendment.
How long does it take?
Minor: max. 8 weeks, standard up to 26 weeks. A complete file speeds it up.
Permit refused?
Object within 6 weeks to Municipality of Rotterdam, then appeal to Rotterdam District Court. Consult Rotterdam Legal Aid Desk for help.