Deviating from the Zoning Plan in Tilburg
In Tilburg, you can obtain permission from the mayor and aldermen of the Municipality of Tilburg for buildings or changes of use that do not align with the current plan through a deviation from the zoning plan. This is useful for small-scale adjustments in the dynamic Spoorzone or residential neighborhoods, and it is handled via an environmental permit. This keeps spatial planning flexible without the immediate need for a new environmental plan.
Why Deviate in Tilburg?
The zoning plan in Tilburg determines what is permitted on a plot, such as residential use in the Oud-Zuid neighborhood, shopping on Heuvelstraat, or light industry on the Industrieterrein Westzanen. For deviating plans, such as a slightly taller chimney or a temporary pop-up café during carnival, a deviation provides a solution. This saves time and money compared to a full plan amendment. Following the Environment and Planning Act effective 1 January 2024, existing zoning plans remain in force under transitional law until they are replaced by environmental plans from the Municipality of Tilburg.
Legal Basis
The procedure is governed by the Spatial Planning Act (Wro) for ongoing matters and the Environment and Planning Act (Ow) for future cases. Key provisions:
- Article 2.12 General Provisions for the Environment Act (Wabo): Environmental permit despite conflict with zoning plan (transitional law).
- Articles 5.1 and 5.2 Decree on Quality of the Living Environment (Bkl): Crumb rules for minor deviations under the Environment and Planning Act.
- Article 4.7 Environment and Planning Act: For temporary exceptions.
- Article 3.14 Spatial Planning Act (former): Standard and permanent deviations.
The Municipality of Tilburg, as the competent authority, only approves deviations if they are spatially justifiable and comply with provincial or national rules.
Options for Deviation
Deviations vary in scale and duration. Overview:
| Type of Deviation | Legal Basis | Conditions | Procedure |
|---|---|---|---|
| Crumb Deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro | Limited exceedances, e.g., up to 5 m² extra or temporary use | Fast-track, usually within 8 weeks |
| Standard Deviation | Art. 2.12 Wabo / Art. 3.14 Wro | Somewhat larger scale, with solid justification | Standard route, with opportunity for public input |
| Temporary Deviation | Art. 4.7 Ow | Up to 10 years, extendable | Quick processing |
| Structural Deviation | Art. 3.14(1) Wro | For long-term, linked to plan revision | Extensive, with planning procedure |
Crumb Deviation in Tilburg
Ideal for everyday projects. For example: a dormer on a row house in the Tuinstadwijk that is 1 meter too high. If it falls under Annex 2 of the Bkl, the Municipality of Tilburg will promptly approve it.
The Procedure in Tilburg Step by Step
Apply via environmental permit. Here's how:
- Check the Plan: Review ruimtelijkeplannen.nl or the maps on tilburg.nl.
- Prepare: Prepare justification and drawings. Schedule a pre-application consultation with the Municipality of Tilburg.
- Application: Submit via the Omgevingsloket Online (OLO).
- Assessment: Review against usability standards (Art. 5.1 Wabo). Decision period: 8-26 weeks.
- Decision: Approval, refusal, or with conditions. Appeal within 6 weeks to the Municipality of Tilburg.
- Commence: After final decision.
Rights and Obligations in Tilburg
Rights:
- Reasoned decision.
- Pre-application consultation and opportunity to comment.
- Objection to the Municipality of Tilburg, appeal to the District Court of Zeeland-West-Brabant (Breda location).
- Complete application with evidence.
- Comply with conditions, including environmental checks.
- Notify neighbors in case of nuisance.
Tilburg Practice Examples
- Shop Extension: Clothing store on Paleisring wants 10 m² more. Crumb deviation approved, no parking issues.
- Temporary Unit: Caregiver home in Westermarkt. Approved for 5 years with demolition obligation.
- Refusal: Shed in Leijpark area, conflicts with green policy.
Courts such as the Council of State (e.g., case 2022/1234) review whether the deviation is consistent with planning policy.
Frequently Asked Questions
Can I always deviate in Tilburg?
No, only if conditions are met and there is strong justification. Major plans require a plan amendment.
How long does it take?
Crumb: max 8 weeks, standard up to 26 weeks. A complete file prevents delays.
Permit refused? What now?
Objection within 6 weeks to the Municipality of Tilburg, then appeal to the District Court of Zeeland-West-Brabant (Breda). Call the Legal Aid Desk Tilburg for help.