Deviation from the Zoning Plan in Delft
In Delft, you can obtain permission from the mayor and aldermen of the Municipality of Delft for construction or usage changes that do not align with the current plan through a deviation from the zoning plan procedure. This is useful for minor adjustments in the historic city center or near TU Delft, and you apply via an environmental permit. It keeps spatial planning flexible without immediately amending the plan.
Why Deviate in Delft?
The zoning plan in Delft determines what is permitted on a plot, such as residential use in the old city center, student housing, or retail. For deviating proposals, like a slight increase in building height near monuments or temporary use for events, a deviation provides a solution. This saves time and money compared to a full plan revision. After the Environment and Planning Act effective January 1, 2024, existing zoning plans remain in force under transitional provisions until converted into environmental plans by the Municipality of Delft.
Legal Basis
The rules for deviations are found in the Spatial Planning Act (Wro) for ongoing matters and the Environment and Planning Act (Ow) for newer cases. Relevant provisions:
- Article 2.12 General Provisions for the Environment Act (Wabo): Permit contrary to rules under transitional provisions.
- Articles 5.1 and 5.2 Decree on Quality of the Living Environment (Bkl): 'Minor deviation' rules for small changes 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 structural deviations.
The Municipality of Delft, as the competent authority, grants permission only with a sound spatial justification, without conflicting with environmental plans or national policy.
Types of Deviations
In Delft, deviations vary by scale and duration. Overview:
| Type of Deviation | Legal Basis | Conditions in Delft | Procedure |
|---|---|---|---|
| Minor Deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro | Small exceedances, e.g., 5 m² extra or temporary for students | Fast-track, often within 8 weeks at Municipality of Delft |
| Standard Deviation | Art. 2.12 Wabo / Art. 3.14 Wro | More extensive plans with justification | Standard route with public consultation |
| Temporary Deviation | Art. 4.7 Ow | Up to 10 years, renewable | Quick process |
| Structural Deviation | Art. 3.14(1) Wro | For permanent changes with plan amendment | Extended process |
Minor Deviation in Delft
Popular for small-scale projects. For example: a dormer 1 meter higher on a national monument – if it fits Appendix 2 Bkl, the Municipality of Delft approves it quickly.
The Procedure in Delft Step by Step
Apply via environmental permit at the Municipality of Delft:
- Check the Plan: View ruimtelijkeplannen.nl or the Municipality of Delft viewer.
- Prepare: Prepare justification, drawings, and pre-consult with Municipality of Delft.
- Submit: Via the Online Environmental Permit Desk (OLO).
- Assessment: Review against standards (Art. 5.1 Wabo), 8-26 weeks.
- Decision: Approval, refusal, or conditions. Appeal within 6 weeks at the municipality.
- Commence: After permit issuance.
Rights and Obligations in Delft
Rights:
- Full reasoning for the decision.
- Pre-consultation and opportunity to comment.
- Objection at municipality, appeal to The Hague District Court.
- Complete application with substantiation.
- Comply with conditions, including heritage rules.
- Notify neighbors in case of nuisance.
Examples from Delft
- Shop Extension: Coffee bar at the Markt expands by 10 m² – minor deviation approved, no parking issues.
- Temporary Unit: Caregiver home near TU Delft for 5 years, with demolition obligation.
- Refusal: Shed in the Green Heart area rejected due to landscape impact.
Council of State case law requires plausible spatial planning coherence.
Frequently Asked Questions
Can I always deviate in Delft?
No, only with legal basis and justification. Major projects require plan amendments.
How long does it take?
Minor: max 8 weeks, standard up to 26. Incomplete applications cause delays.
Permit refused?
Objection within 6 weeks at Municipality of Delft, then appeal to The Hague District Court. Contact Delft Legal Aid Office for assistance.