Procedure

Procedure

General provisions act 'Wabo'

Inhoud pagina: Procedure

The starting point of the Wabo is that an all-in-one Permit for Physical Aspects is prepared with the regular procedure of title 4.1 General Administrative Law Act (Awb).

In the following exceptions, the extended procedure dept. 3.4 Awb applies:

1) One of the following activities is part of the application

  • Deviation from the planological rules of the zoning plan or the management order (art. 2.1, section 1, under c Wabo).
    This exception only relates to a deviation outside the plan.
  • The fire safety of a building (art. 2.1, section 1, under d Wabo).
  • The establishment of a plant or mining structure or change to its function (art. 2.1, section 1, under e Wabo).
  • The change to a plant or mining structure (art. 2.1, section 1, under e Wabo).
    This exception does not apply if the change:
    - does not have a different or greater negative impact on the environment than permitted by the current permit
    - does not involve an obligation to draw up an environmental impact assessment, and
    - does not result in another plant or mining structure than the one for which a permit was previously granted (art. 3.10, section 3).
  • Carrying out work to, in or at a listed building (art. 2.1, section 1, under f Wabo).
    The exception only concerns cases for which an advisor has been appointed (art. 3.10, section 1, under e Wabo). These cases are referred to in art. 6.4 Bor:
    - the demolition
    - the radical change
    - the reconstruction bringing it back to its original state
    - giving a new purpose

2) The application involves an activity for which a declaration of no objection is required

A declaration of no objection is approval from another administrative body than the competent authority for the all-in-one Permit for Physical Aspects about granting that permit. Without the declaration of no objection, the all-in-one Permit for Physical Aspects cannot be granted.

The designation of the activities is stipulated in:

  • paragraph 6.2 Bor
  • art. 46b and art. 47b Nature Conservation Act
  • art. 75d Flora and Fauna Act

3) Cases which may have important consequences for the physical living environment or for the interests of third parties

These cases must be designated by Order in Council (AMvB). So far, no use has been made of this option.

4) Cases in which an order has determined that a declaration of no objection is required for granting the all-in-one Permit for Physical Aspects

This concerns the municipal, provincial or water authority order. Because these are local regulations, no nationally applicable explanation can be given. The obligation must be described in the relevant order.

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