Planschade Application in Tilburg: Procedure and Tips

Planschade Application in Tilburg: Procedure and Tips

A planschade application enables residents of Tilburg to claim compensation for the loss in value of their property due to changes in zoning plans. This right, embedded in environmental law, protects against financial disadvantages resulting from government decisions. In this article, we discuss the procedure, requirements, and practical steps, as a supplement to our overview on planschade, with specific focus on situations in Tilburg.

Legal Basis of the Planschade Application

The planschade application is based on the Spatial Planning Act (Wro), which has been part of the Environment and Planning Act since 2010. Article 6.1 of the Environment and Planning Act requires a public authority to compensate for damage that reasonably should not be borne by the individual and arises from an environmental decision. In Tilburg, this often involves loss in value of homes or buildings due to new plans, such as urban developments around the Spoorzone.

The procedure is detailed in the Policy Rule on Planschade Compensation 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 Environment and Planning Act, to avoid prolonged unresolved cases.

Previously, this fell under the Wro, but since the Environment and Planning Act came into effect on January 1, 2024, an integrated system applies. Ongoing cases in Tilburg still follow the old rules, while new ones use the current framework. Always check the latest updates on the Dutch government's website or via the Municipality of Tilburg.

Conditions for a Successful Planschade Application

Not all value reductions qualify for compensation; strict criteria apply:

• Causality: The damage must directly result from a change in zoning plans or an environmental decision, such as the development of a new industrial area in the Tilburg harbor zone with associated nuisances.
• Abnormality: The disadvantages must be unusual for the circumstances; you should not have to bear them if they are disproportionate.
• No contributory negligence: The applicant must not have contributed to the damage.
• Existing situation: Base the claim on the state before the decision; anticipated future changes do not count.

The application is directed to the competent authority, typically the Municipality of Tilburg. For large-scale projects, this may involve the Province of North Brabant. Prove the value decline with a valuation report from a certified expert, and consider seeking advice from the Legal Aid Office in Tilburg for local nuances.

Step-by-Step Guide for Submitting a Planschade Application

Submitting a planschade application in Tilburg follows a clear process. Here is an overview in steps:

1. Document the damage: Record the disadvantages with photos, letters, and a valuation to calculate the loss. This forms the core of your file.
2. Contact the municipality: Call or email the Spatial Planning department of the Municipality of Tilburg for guidance. Inquire about relevant plans, such as redevelopment in the Korvel neighborhood, and possible support.
3. Submit the application: Send a formal letter to the Municipality of Tilburg using the standard form from overheid.nl. Specify the decision, describe the impact, and attach documents. The submission is free, but expect valuation costs of around €500-€1000.
4. Assessment: The municipality has up to 18 weeks to issue a decision, with possible extensions. They will verify causality and abnormality, potentially using an external valuer.
5. Objection and appeal: Disagree with the decision? File an objection with the Municipality of Tilburg within six weeks. If denied, you can appeal to the District Court of Zeeland-West-Brabant in Breda.
6. Compensation: If approved, payment is made in a lump sum; in special cases, it may be periodic.

The process in Tilburg usually takes 6 to 12 months, but for complex matters like major infrastructure projects, it can take longer.

Practical Examples of Planschade Applications in Tilburg

To make it tangible, here are some real Tilburg cases:

Example 1: Value loss due to traffic congestion. Mr. Jansen in the Het Zand neighborhood experiences disruption from the expansion of the Ringbaan. His home loses €50,000 in value due to increased traffic noise, confirmed by a valuation. Through a planschade application to the Municipality of Tilburg, he receives €40,000 in compensation, minus 20% as normal risk.

Example 2: Business damage from environmental measures. A bakery on Industriestraat suffers from the expansion of a nearby factory, with stricter emission regulations. After investing €25,000, the owner successfully claims compensation via the Legal Aid Office in Tilburg.

Example 3: Rejected claim. Ms. De Vries from Besterd complains about a nearby wind turbine, but the District Court of Zeeland-West-Brabant in Breda deems the nuisance normal and rejects the application. This highlights the importance of solid evidence.