Rick Jongen
Lawyer
Deeply Rooted in administrative & environmental law.
An environmental permit for the construction of new homes or commercial buildings. Deviations from a zoning plan. Filing an objection against the construction of a new road. All of these matters fall under environmental law. Environmental law concerns spatial planning—how we design and manage our physical living environment. The administrative and environmental law attorneys at Thuis Partners are well-versed in this field and have experience representing private individuals, businesses, and project developers, as well as public authorities.
A Selection of Our Focus Areas within this Expertise
General Administrative Law Act (Awb)
Environmental law is governed by a variety of statutes, with the General Administrative Law Act (Awb) at its core. The Awb outlines the procedures for administrative law, including how to file an objection, appeal to the administrative court, and lodge a further appeal with the Council of State. It also contains the general principles of good administration that apply to government decision-making.
Spatial Planning
In addition to the General Administrative Law Act (Awb), environmental law includes several specific statutes, such as the Environmental Permitting (General Provisions) Act and the Environmental Permitting Decree. These laws govern when an environmental permit can be granted. Together with the zoning plan, they determine where and when construction is permitted, what types of use are allowed, and which permits are required. As a private individual or business, you can turn to Thuis Partners for advice on the feasibility of your construction plans. We also provide legal assistance in procedures concerning environmental permits and zoning plans.
New Environmental and Planning Act & Digital System for the Environmental Act (DSO)
In time, specific laws such as the Environmental Permitting (General Provisions) Act and the Environmental Permitting Decree will be replaced by the new Environmental and Planning Act (Omgevingswet) and the accompanying Digital System for the Environmental Act (DSO). Public authorities, private individuals, and businesses with questions about these developments are welcome to contact us for guidance.
Enforcement
When administrative or environmental regulations are violated, the government may take enforcement action. This can include an order subject to a penalty (dwangsom), an administrative enforcement order (bestuursdwang), or the revocation of an environmental permit. In some cases, an administrative fine may also be imposed. Enforcement decisions are subject to administrative legal procedures. We provide advice and, if desired, litigation support regarding the drafting of enforcement decisions, the submission of views (zienswijzen), and the filing of objections and appeals.
Zoning Damage and Loss Compensation
Government decisions can cause damage—permanent, such as a decrease in property value, or temporary, such as reduced accessibility to a shop or petrol station due to roadworks. In such cases, the government may be held liable for the damage. Filing and handling claims for zoning damage (planschade) and loss compensation (nadeelcompensatie) requires specialist legal expertise. We have the knowledge and experience to guide you through these processes.
