Specific enforcement in environmental law for Delft
The Environment and Planning Act (Ow) integrates enforcement from the General Administrative Law Act (Awb) and sector-specific acts, with specific application in Delft. Article 5.1 Ow grants powers for coercive measures in cases of illegal constructions or environmental violations in the city, such as in the historic city center or along the Schie. The legal qualification focuses on environmental norm violations, tailored to local circumstances.
The municipality of Delft's enforcement policy prioritizes risks, with a focus on the Acute Hazard Zone (AGZ) around industrial zones and the Technopolis area. Proportionality weighs business harm against environmental protection, taking into account Delft's vulnerable water quality and air quality requirements near TU Delft.
Practical examples in Delft
In cases of excess nitrogen deposition from construction projects near Delftse Hout, administrative coercion may be imposed. The Council for the Built Environment advises a risk-based approach, fitting Delft's sustainable ambitions. Case law (ECLI:NL:RVS:2023:789) tests the necessity of measures, as recently applied in illegal expansions in the Buitenhof neighborhood.
The violator has an information obligation; non-compliance leads to increased sanctions by the Omgevingsdienst West-Holland. This framework in Delft promotes sustainable compliance and protects the living environment.