Higher value procedure waivers policy

Decentralization of the higher value procedure is part of the amended Noise Abatement Act that comes into effect on January 1, 2007. The most important consequence of the amendment of the Noise Abatement Act is that the Municipal Executive can(/must) establish policy on whether higher values must be permitted and, if so, on what criteria exemption applications will be assessed. If they do not wish to do so, an extensive justification will have to be added to each exemption request. In this policy paper, Section 2 briefly discusses the background of the exemption policy. Section 3 discusses the new regulation of higher values or the decentralization in the Noise Abatement Act and how B&W can exercise the authority granted to them to establish higher values. In addition, Section 4 presents the consequences of whether or not the Province adopts the exemption policy. Section 5 presents the policy and criteria to be adopted. These are the provincial policies that can be adopted as municipal policies (for now). Section 6 presents the summary and conclusion.

The main reason for decentralizing the higher value procedure is that the separate submission of a higher value decision to the Provincial Executive adds little to the substance of the procedure and can cause procedural delays. By placing the authority to make the higher value decision with Mayor and Aldermen, the various environmental and spatial planning interests can be weighed most directly.

Gehighlighte tekst: Higher value policy is about where you allow more noise on a property and where you want it to be quiet and therefore the noise load on a facade should not be high. In a new neighborhood, for example, by taking noise into account in the design, you can ensure that no noise pollution from road or rail traffic or industry occurs (by complying with the preferred limit values). In the middle of a village or city, the boundary conditions are already present (road/roof line/traffic intensity) and it becomes difficult to get it 'quiet' here. However, more noise here does not always mean more noise pollution. Noise is part of life to a certain extent and is not perceived as disturbing and is generally accepted. By establishing exemption criteria, it is possible to deviate from the preferred limit values to the maximum exemption value where desired and where necessary, without having to add a very extensive justification for each exemption.

3.1 Competent authority

The regulation to establish higher values is placed in one place in the Noise Abatement Act. In addition, it has been arranged that almost all GS powers are transferred to B&W. The basic principle is that a higher value is established by the college of the municipality within which the activity takes place for the benefit of which the higher value is established B&W will have the authority to establish higher values in the following cases:

• zones around industrial sites;
• zones along roads;
• reconstruction of a road referred to in the present bill.

Because of the linkage of new construction to a zoning (amendment), the following is important here:

When the higher value decision is related to the adoption or revision of a zoning plan, that zoning plan must be consistent with the higher values adopted by B&W. If this is not the case, the City Council cannot adopt or revise the zoning plan.

If the zoning plan is consistent with the established higher values but the council does not want those higher values, the city council may decide not to adopt or revise the zoning plan. It is therefore advisable that B&W inform the city council at an early stage of their intention to adopt one or more higher values.

Updated text: Note: Because both municipalities are stakeholders in cross-border situations, a requirement for consultation has been included.

GS remains authorized to set higher values in the following cases:

• zones along railroads;
• construction and reconstruction of provincial roads;
• When the Minister of Transport, Public Works and Water Management wants to change a road or railroad in situations where the Tracéwet is not applicable
• zones around industrial sites of regional designated as such by provincial environmental ordinance. In such situations, it is important for the province to consult with the municipality in a timely manner.

GS remains involved along spatial planning lines in situations where the higher value is set by B&W. This is because GS still have steering instruments in the current and future Spatial Planning Act.

Under this bill, the Minister of VROM will be authorized to set higher values in the case of a combination of reconstruction and rehabilitation of roads.

3.2 New procedure

If a municipality sets a higher value when adopting or revising a zoning plan, it must submit the draft decision for this at the same time as the draft zoning plan for public inspection. However, these remain two separate procedures. If the higher value decision is related to an Article 19 procedure of the Spatial Planning Act, the draft decision can, in deviation from the first paragraph, be made available for inspection for two weeks.

The GS waiver policy has existed since 1998 and is thus tried and tested and appears to be satisfactory. The amendment to the Noise Abatement Act is not so much intended to change the policy on noise pollution as to improve its implementation. Thus, when establishing exemption policies, the Municipal Executive may seek substantive alignment with the province's policy.

The granting of values higher than the preferred value is now only allowed if measures to reach the preferred value run up against insurmountable objections of an urban development, landscape, traffic engineering and financial nature (the political consideration) and if one of the cases from the rows listed in the various Orders in Council apply (a kind of administrative test). The proposed amendment to the Wgh eliminates the administrative test. However, stricter requirements will be imposed on the justification for decisions to set higher values. In addition, the obligation in the current law to designate categories of cases by Order in Council will be replaced in the bill by a power to do so.

As long as a municipality does not have its own noise policy, it can adopt the provincial policy at the municipal level. If it does not, it must provide extensive justification for each higher value decision. Through the policy and criteria, the possible motivation and later by filling out a form, the application can be made and the decision made.

If there will be new executive orders implementing the new law, they will be "technically" adapted to the new law, policy content will not change much.

Section 5 contains the waiver criteria as used by the Province for almost 10 years and Appendix 1 contains the preferred limit values and maximum waiver values from the Noise Abatement Act and the Railway Noise Decree.

For example, if municipalities themselves want to set area-specific maximum preferred limits (never higher than the values in the Noise Abatement Act), this is also possible. In that case, three components are required:

• Drafting of noise policy municipality i.v. criteria for higher value to be established
• Waiver Policy
• Waiver criteria, possibly to be adopted from the province

For a description of these three components, see Appendix 2.

When assessing requests for exemptions or intentions to set a higher value, the noise levels are usually based on a 10-year forecast period. This is consistent with the validity period of a zoning plan. Autonomous developments must be included. Other expected developments may be included provided a decision has been made at the administrative level or it can be shown that plans under development will be implemented within a reasonable period of time. A forecast period of 10 years is used as a guideline.

Pursuant to Chapter VIIIA (new Noise Abatement Act), the municipality may set a higher limit value in those cases where the application of measures aimed at reducing the expected noise levels, due to the road/railway or industry, from the facades of the dwellings concerned will not be sufficiently effective or there are objections of an urban planning, traffic, scenic or financial nature (main criteria).

The following is a description of the various waiver criteria.

• Source measures are not possible.
• Urban planning measures are not possible
• Traffic calming measures are not possible
• Landscape concerns
• Financial considerations

In addition to the above main criteria, one of the following sub-criteria must be met. Only then can the preferred limit value be deviated from:

For road traffic noise:

• If there are unprojected homes outside the built-up area that:
• be scattered;
• are necessary because of land or business constraints;
• Fill an open space between existing buildings;
• replace existing buildings;

If there are as yet unprojected dwellings within the built-up area, which:

• be included in a village or urban renewal plan;
• become an effective acoustically shielding function for other residences due to siting or building form;
• are necessary because of land or business constraints;
• Fill an open space between existing buildings;
• replace existing buildings;

If there is a projected, under construction or present housing and a road not yet projected, to the extent that the road:

• will serve a necessary traffic and transportation function.

In addition, specifically for road traffic noise

If there is:

• will perform a traffic collection function such that the construction of that road will result in significantly lower noise levels of residences within the zone of another road.

In addition, specifically for industrial noise

The basic principle for industrial sites is also that the preferred limit value must be complied with as much as possible in new situations. If a deviation is nevertheless desired, the need to deviate must be demonstrated. Because industrial noise almost always involves measures to be implemented by third parties, B&W can only responsibly establish a higher value when it is guaranteed that the noise-reduction measures to be implemented will actually be realized.

If there are homes not yet projected or projected that:

• experience a noise level equal to or less than the local reference level.

If there are present or under construction dwellings that:

• experience a noise level equal to or less than the local reference level;
• will have at least one soundproof facade.

For an overview of the preferred limit values and maximum exemption values, see Appendix 1. Note: For rail traffic noise, GS remains the competent authority.

The exemption procedure will be delegated from the province to the municipality as of January 1, 2007. In most cases, the municipal executive may then make its own higher value decisions as of January 1, 2007. In order to make higher value decisions, without a waiver policy, an extensive motivation is required for each higher value to be granted. In order to prevent this, the Municipal Executive can establish a waiver policy, so that after January 1, 2007, the higher value procedure within the spatial planning process will not lead to delays. Here it is possible to fully adopt the exemption policy of the Province of North Brabant or to draw up one's own policy within the framework of the law.

The values in the tables below come from the Noise Abatement Act and the Railway Noise Decree. As of January 1, 2007, the new Lden dose unit (den: day, evening, night) is used for road and rail traffic. This Lden is on average 2 dB lower, therefore the standard is also reduced by 2 dB.

Highlighted text: N.b. For industrial noise, the new dose measure Lden is not used for the time being

For example, if municipalities themselves want to set area-specific maximum preferred limits (never higher than the values in the Noise Abatement Act), this is also possible. In that case, three components are required:

1. Drafting noise policy municipality i.e. ambition to be set.
2. Waiver Policy
3. Waiver criteria, possibly to be adopted from the province

1. Municipal noise policy

The higher value policy to be adopted depends on the noise policy and/or ambition of the respective municipality. In many cases, the drafting of policy and adoption has yet to occur.

As an example, the policy of the Municipality of Eindhoven:
The Municipality of Eindhoven has adopted its Environmental Vision in which it has articulated its environmental ambitions 2030. The ambition is less nuisance. For the sustainability aspect, this means that through structural traffic measures through traffic will be diverted outside the center. Noise pollution from traffic on the municipal main road network will be limited by applying low-noise road surfaces and speed limits. Cycling is the preferred means of transportation within the centers. And low-noise public transportation is readily available to all residents. Businesses have taken necessary source measures and continuously ensure that noise emissions are kept to a minimum. With the realization of an urban distribution system, transport movements of heavy truck traffic to inhabited city centers have been reduced to zero. Loading and unloading activities when supplying or dispatching from companies take place indoors to prevent noise pollution. The quality of the living environment is also determined by noise pollution from road and rail traffic and companies. The municipal infrastructure has quiet road surfaces. Where this is insufficient, ramparts and screens provide the desired noise climate.

2. Waiver Policy

The exemption criteria to be established will depend on the exemption policy. The waiver policy depends on the noise policy and/or ambition of the respective municipality and in many cases is yet to be drafted and established.

As an example, the criteria of the Municipality of Eindhoven:
The exemption policy is based on what we strive for in the Environmental Vision 2030 regarding noise pollution. In addition, we are guided by the standards system of the Noise Abatement Act. A strict exemption policy will be implemented that reflects the formulated policy and does justice to the system of the Noise Abatement Act. Therefore, in principle, no exemptions will be granted in expansion areas.

3. Criteria

By setting other criteria, it is possible, for example, to establish an area-specific exemption policy. Here it is possible, for example, not to allow the preferred limit value to be exceeded in expansion areas, for example.