All-in-one Permit, sub permit and phasing

The Wabo offers various options for obtaining the all-in-one Permit for Physical Aspects for a project:

  • One all-in-one Permit for Physical Aspects for all activities in the project
    All the activities are included in one application; one procedure is followed and after the permit has been granted, the project can be implemented.
  • Several (sub) permits for activities which are applied for separately
    In this situation, several all-in-one Permit for Physical Aspects s are applied within a project. A procedure is followed for each application. After obtaining the permit, that part of the project can be implemented. This approach may mean that the ultimate goal of the total project cannot be achieved because a later permit cannot be granted.
  • An all-in-one Permit for Physical Aspects in two phases
    The application is divided into two parts. In general, the first phase of the application will relate to the more spatial activities (deviations from the planological situation, installation activities and demolition activities). The second phase will then focus on construction or the environment, for example. However, another division of the activities over the two phases is also possible.
    In this case, two procedures are followed (one for each phase). After the permit has been granted for both phases, the project can be implemented.

There is a condition attached to the options for applying for sub permits. Applications for individual permits may not be submitted for activities which are indivisible from each other. However, applications for permits for indivisible activities may be made in two different phases.

Indivisibility occurs when one activity necessarily results in several permit requirements as referred to in article 2.1 or 2.1 Wabo. In some cases, the legislator has signalled where there is an issue of indivisibility. An application for the activity construction or for the implementation of works (construction or installation permit) which conflict with the current planological rules must be recorded as an application to deviate from those planological rules (article 2.10, section 2, art. 2.11, section 2 Wabo).

In other cases, when assessing an application, the competent authority must determine whether it involves indivisible activities. This might be the refurbishment of a protected monument, or building or modifying a plant at a location which is not covered by the zoning plan.

If the indivisibility concerns a conflict with planological rules, it is possible to apply for this authorisation separately in a sub permit (art. 2.7, section 1 Wabo). The subsequent all-in-one Permit for Physical Aspects which allows the deviation from the planological rules then partly forms the framework for assessing the other activity.

Further reading