Planschade Application in Rotterdam: Procedure and Tips

Planschade Application in Rotterdam: Procedure and Tips

For residents of Rotterdam, a planschade application provides the opportunity to claim compensation for the loss in value of real estate due to changes in zoning plans, such as projects around the harbor or urban redevelopment. This right is embedded in environmental law and protects against financial disadvantages resulting from government decisions. In this article, we outline the procedure, requirements, and practical steps, building on our general overview of planschade, with a focus on Rotterdam-specific situations.

Legal Basis for the Planschade Application in Rotterdam

The planschade application is based on the Wet ruimtelijke ordening (Wro), which has been part of the Omgevingswet since 2010. Article 6.1 of the Omgevingswet requires an administrative body to compensate for planschade that reasonably should not be borne by the citizen and stems from an environmental decision. In Rotterdam, this often involves a decrease in value of homes or properties due to changes in zoning plans, such as harbor expansions or new neighborhoods.

The procedure is detailed in the Beleidsregel planschadevergoedingen and rulings from the Council of State. You must submit the application within five years of the decision, as per Article 6.3 of the Omgevingswet, to avoid lingering outdated issues. Before January 1, 2024, the Wro applied, but ongoing cases still fall under the old rules; new ones follow the Omgevingswet. Check the latest updates on the Dutch government's website, and for local advice, contact the Juridisch Loket Rotterdam.

Conditions for a Successful Planschade Application in Rotterdam

Not all value loss qualifies for compensation; strict criteria apply:

• Causality: The damage must directly result from a zoning plan change or environmental decision, for example, due to the development of a new industrial area in the Port of Rotterdam with associated disruptions.
• Abnormality: The disadvantages must go beyond what is normal; if they are disproportionate, you should not have to accept them.
• No fault on your part: You must not have contributed to the damage yourself.
• Existing situation: Base the claim on the conditions before the decision; anticipated future changes are irrelevant.

The application is typically directed to the Municipality of Rotterdam as the competent authority, unless it involves provincial or national projects. Prove the value decline with a valuation report from a certified appraiser, and consider seeking free advice from the Juridisch Loket Rotterdam.

Step-by-Step Guide for Submitting a Planschade Application in Rotterdam

A planschade application in Rotterdam follows a clear process. Here's an overview of the stages, tailored to local procedures:

1. Document the damage: Record the disadvantages with photos, letters, and a professional valuation to measure the financial impact. This forms the core of your evidence.
2. Contact the Municipality of Rotterdam: Call or email the Spatial Planning department of the Municipality of Rotterdam for guidance. Inquire about the relevant zoning plan and any local regulations.
3. Submit the application: Send a formal letter to the Municipality of Rotterdam using the standard form from overheid.nl. Include the decision number, describe the damage, and attach evidence. The submission is free, but expect to pay €500-€1000 for a valuation.
4. Review by the municipality: The Municipality of Rotterdam will decide within 18 weeks, with possible extensions. They will verify causality and abnormality, potentially using an external appraiser.
5. Objection and appeal: Disagree with the decision? File an objection with the Municipality of Rotterdam within six weeks. If denied, you can appeal to the Rotterdam District Court.
6. Receive compensation: If approved, payment will be made in a lump sum; in complex cases, a periodic arrangement may be chosen.

The process typically takes 6 to 12 months in Rotterdam, but can take longer for complicated harbor projects.

Practical Examples of Planschade Applications in Rotterdam

Here are concrete cases from Rotterdam's practice:

Example 1: Value loss due to harbor expansion. Mr. Jansen in the IJsselmonde neighborhood experiences increased freight traffic from the Maasvlakte 2 expansion, leading to noise and pollution. His home loses €50,000 in value, confirmed by a valuation. Through a planschade application to the Municipality of Rotterdam, he receives €40,000 in compensation, minus 20% for 'normal' disruption.

Example 2: Business damage from stricter environmental requirements. A bakery in the Merwe-Vierhavens area must adapt due to nearby factory expansion and new environmental regulations. After a successful application, the owner receives €25,000 for necessary investments.

Example 3: Rejected claim. Ms. De Vries in Rotterdam-Zuid claims disruption from a wind farm near the harbor, but the Rotterdam District Court rules that this is 'normal' for an industrial zone and denies the application. This highlights the importance of solid evidence.