As an entrepreneur, you may have to deal with zoning plans and ‘spatial planning’. All government regulations that determine who, what, and where may build, fall under the heading of ‘spatial planning’.

Guidance and advice in objections procedure

If you want to build, you will usually need a number of permits. The municipality may decide to reject these for various reasons, for example because the structure you have in mind does not fit in with the current zoning plan. In a zoning plan the municipality regulates what may be built where and what rules and regulations apply. However, it is possible to lodge an objection to such a rejection. We guide and advise clients in such objection proceedings and subsequently in any appeal proceedings before all courts and if necessary up to an appeal to the Council of State.

Permit to deviate from the zoning plan

Deviating from the zoning plan is possible by means of an environmental permit. This can be used to grant dispensation or exemption.

CLERXvanROYadvocaten can also provide expert assistance in such proceedings.

Every entrepreneur nowadays is confronted with environmental law. A lawyer for environmental law can advise you on this, so that legal proceedings can be avoided.

Environmental law and your company

Environmental law describes the rules for governments, companies and private individuals with regard to the environment and thus aims to protect nature from human interference. Environmental law occupies a prominent place in the event of the construction or relocation of a company. CLERXvanROYadvocaten advises you on the environmental law aspects which your company may have to deal with.

Environmental law and the growth of your business

When extending an environmental permit, it is important for you as an entrepreneur that the conditions in environmental law are broad enough to accommodate the growth you have in mind for your business. In addition, you should pay attention to the environmental licences of neighbouring companies to see if these environmental standards do not contain restrictions for your company.

Plan damage is a form of damage for private individuals as a result of plans or a decision of a government body. In such a situation, a government body is planning or has already taken the decision to take a measure that will cause you damage in the exercise of your business activities.

A lawyer for plan damage is indispensable for entrepreneurs who are engaged in real estate.

When the municipality takes certain planning measures or changes a zoning plan, you may suffer damage, for example when the possibilities for using or building on your plot are restricted. The value of your property may also be affected if a (change in) zoning plan leads to developments in your immediate surroundings that are unfavourable to you. In such cases, you can submit a claim for damages to the municipality.

Legal assistance from a plan loss lawyer

The planning damage lawyers at CLERXvanROYadvocaten advise entrepreneurs, project developers, construction companies, property investors and investment companies on spatial planning law and planning damage. In the event of planning developments that are detrimental to you, we will assist you in the damage procedure. We also provide legal assistance to entrepreneurs who develop their own projects against unjustified planning claims.

Damage compensation and damages for lawful decisions

Under certain circumstances, the government may have acted in such a way as to entitle you, the entrepreneur, to damages or compensation for loss. There may also be a right to compensation in the case of lawful government decisions. In the event of unlawful actions by the government, compensation can be claimed in the civil courts. The lawyers at CLERXvanROY will assist you in obtaining compensation for loss arising from an accident and will conduct the proceedings on your behalf.

As an entrepreneur, you are entitled to enforcement of regulations by the government. There is an obligation in principle for government bodies, for example the municipality, to take enforcement action if certain rules are violated. A company that carries out an identical business to your company must comply with the same standards and conditions. This is called the equality principle. The government must also observe all other general principles of good governance. Thanks to its extensive contacts with regional authorities, CLERXvanROYadvocaten can persuade administrative bodies to take enforcement action if necessary.

Enforcing authority

On the other hand, entrepreneurs may have to deal with an enforcing authority. This enforcement may take the form of imposing penalty payments, administrative coercion, administrative fines and so on. There is a possibility of defence against these enforcement measures. Our lawyers safeguard your interests by choosing the right legal remedy in order to achieve the most favourable outcome for the entrepreneur.

Public-Private Partnership (PPP) is strongly on the rise. It is a cooperation between the government and private parties in large, often infrastructural projects. Not only risks, but also financing is shared or transferred. In Public-Private Partnerships, the government is not the only party responsible for (adjustments to) the infrastructure.

Setting up the project

Before the start of the cooperation, the parties involved must make clear agreements on the structure of the project. The private parties must then ensure that there is sufficient room for their input. The realisation of Public-Private Partnerships usually involves many parties, which makes expert legal assistance a necessity.

CLERXvanROYadvocaten assists private parties in analysing and drawing up their contribution and represents their interests in any disputes concerning the performance of agreements in the context of Public-Private Partnerships.