Ground rules for conducting careful dialogue
Introduction
The province of Brabant added a new assessment element to an environmental permit with the 2014 Spatial Planning Regulation. These rules have also been adopted in the North Brabant Spatial Planning Regulation (July 2017). When there is an increase in the area of existing buildings for the exercise of a livestock farm, the initiator is required to conduct a careful dialogue. It is further up to the municipality how this careful dialogue is fleshed out. Through these rules, the municipality of Gemert-Bakel wants to give substance to the careful dialogue.
The municipality of Gemert-Bakel is of the opinion that a careful dialogue can not only be important for initiatives related to livestock farming, but can also have added value if other plans are realized.
The purpose of a dialogue is to discuss development plans and concerns with each other at an early stage.
Benefits of engaging in a dialogue before plans are submitted to the municipality are:
- It can help restore or improve relationships with neighbors;
- Direct contact may lead to better plans but at least to a better understanding of each other's points of view;
- The neighborhood is aware of the plan developments. By discussing the plan with neighbors, it is possible to estimate in advance whether objections will be raised.
Initiative and impact on environment
Not every initiative has the same spatial impact on its surroundings. The municipality believes that different approaches are necessary for this.
Initiatives can be classified into the following categories:
Category 1: Initiatives with low spatial impact on the surrounding area
For this category, the municipality does not consider it necessary to establish a dialogue in any way. Of course, the municipality encourages talking to neighbors, but for these plans the municipality does not impose an obligation to do so.
Examples: environmental permits that comply with the zoning plan (excluding agricultural businesses), small outbuildings, indoor changes (for livestock farms without increasing the number of animals).
Category 2: Initiatives with medium spatial impact on the surrounding area
For this category, the municipality of Gemert-Bakel considers it sufficient that local residents fill out a form showing that they have been informed of the planned developments.
Zoning plan amendments/revisions are handled by the Licenses and Supervision Department. These are individual smaller projects (examples: realizing a house, change of building block, VAB location, rural residence, etc).
Category 3: Initiatives with a major spatial impact on the surrounding area
For this category, the municipality considers it necessary to have a dialogue. The starting point is that in a joint discussion the initiative is explained by the initiator and the neighborhood has the opportunity to react to the plan.
Category 3 is applicable if the municipality treats the plan as a project or if there is an increase in the existing surface area of animal housing or the use of an existing building as an animal housing facility (directly effective rules Regulation on Spatial Planning).
Procedure Beforehand, the case manager or project leader of the municipality informs the initiator which category the plan falls into and what needs to be done for the dialogue. It is not possible in this document to indicate in advance for each specific case in which category the plan falls. A start has been made with examples. The case manager of the municipality will assess the dialogue.
Methodology
In advance, the case manager or project manager of the municipality informs the initiator which category the plan falls into and what needs to be done for the dialogue. It is not possible in this document to indicate in advance for each specific case in which category the plan falls. A start has been made with examples. The case manager of the municipality will assess the dialogue.
Category 1: Initiatives with low spatial impact on the surrounding area
For this category, no process is necessary. After all, no additional data is requested.
Category 2: Initiatives with medium spatial impact on the surrounding area
- The initiator has the parties involved fill out a standard dialogue form (see Appendix 1);
- For the outlying area, the initiator must approach at least the local residents/stakeholders within a radius of 500 meters. The distance is measured from the edge of the initiator's building block. In addition, it should be considered whether there is reason to enlarge this radius;
- In the inner area, the starting point is that people living directly next door/stakeholders receive a form. Again, the comment here if the impact is so great that it affects other locations to increase the radius;
- the form is submitted jointly with the draft zoning plan or if no zoning procedure is necessary with an application for an environmental permit;
- Communication by the initiator prior to submission of the draft zoning plan or application for an environmental permit is encouraged by the municipality.
Category 3: Initiatives with a major spatial impact on the surrounding area
- The initiator invites the neighborhood, relevant interest groups and livability networks such as a village council, to enter into a dialogue with them about its wishes, plans and possible concerns. The initiator also informs the municipality in advance of the date of the dialogue.
- for the outlying area, the initiator invites at least the local residents/stakeholders within a radius of 500 meters. The distance is measured from the edge of the initiator's building block. In addition, it should be considered whether there is reason to enlarge this radius;
- in the inner area, the principle is that directly adjacent residents/stakeholders are invited. Again the comment that when the impact is so great that it affects other locations the radius should be increased;
- it is up to the initiator to manage the dialogue together with the consultant. The municipality is not a party in this, unless it is a municipal project;
- a report of the meeting is made by the initiator. This report includes at least the following:
- where and when the dialogue took place;
- the invitation of the dialogue to the invitees;
- who was invited to the dialogue;
- who attended and to which object the attendee belongs;
- who opted out, if any;
- a response to the questions asked.
- all attendees and those who had opted out will also be given the opportunity to fill out the form external icon;
- the form is submitted with the report of the dialogue together with the draft zoning plan or if no zoning procedure is necessary with an application for an environmental permit.
For agricultural developments where the number of animals increases, the North Brabant Spatial Planning Regulation requires a dialogue. If the initiator does not follow the communication line from this policy document, the requirements of the Regulation are not met and the plan cannot be approved.
No legal obligation has been imposed for the remaining developments. The prescribed procedure is not a legal obligation but a desire of the municipality so that when decisions are made it is clear how communication has been conducted.
The municipalities' case manager or project manager will inform the initiator in advance of the established method. If the initiator chooses not to follow this line of communication, this will be made known to the college and council at the time of decision-making.