{"product_id":"vragen-69023-wij-hebben-een-omgevingsvergunning-voor-een-nieuw-te-bouwen-huis-verkregen","title":"Solving construction problems with legal assistance","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nWe have obtained an environmental permit for a new house to be built.\n The site plan on the building plot clearly shows where the architect planned the driveway to the house.\n\n However, the municipality has located the driveway (on public property) to the house in a location that doesn't align with the entrance to our building plan. There's also a central station in front of the driveway. (On public property)\n\n The municipality indicates that the access road is part of a zoning plan implementation, which cannot be amended. Furthermore, the municipality rejects the request for the relocation of the cabinet, arguing that the project developer would be responsible for this.\n\n What else could we do to implement our permitted construction plan in accordance with the regulations?\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nBy \"driveway to your house,\" you mean a piece of landscaping as conceived by the architect. Paving the terrain for the purpose of \"driveway\" is carrying out a work as defined in Article 2.1, paragraph 1, sub b, of the General Provisions of Environmental Law Act (Wabo). Constructing this driveway only requires a permit if the applicable zoning plan includes a so-called \"construction permit system.\" If the zoning plan does not include this system, you will not encounter the \"performing a work\" section in the environmental permit issued. If the activity \"performing a work\" or a reference to Article 2.1, paragraph 1, sub b, of the Wabo is not included in the environmental permit issued, then constructing this driveway on your property is permit-exempt.\r \nThe permit you need to drive off your property and enter public space is an exit permit. This permit is issued under the General Local Bylaw (APV). It's also possible that your municipality doesn't require a permit for the exit, but rather requires notification. This can be found in the APV. Factors that are important when deciding on the application or notification include road safety, whether your exit will compromise public green spaces or a public parking space, or whether your application concerns a second exit.\n The zoning plan stipulates that the public area where your exit connects is designated for traffic. I doubt the zoning plan specifies where you want your exit to be located. By submitting an application, you determine the location of your desired exit.\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":56301250183517,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-69023-wij-hebben-een-omgevingsvergunning-voor-een-nieuw-te-bouwen-huis-verkregen","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}