Waterschap Aa en Maas: applying for a planning permit for activities near water

Consent of other owners

Is the plot in respect of which you are applying for the permit (partly) owned by someone else? Then will you need the (co-)owner to consent to your activities.

Is that (co-)owner water authority Aa en Maas? If so, contact the Grondzaken & Inrichting (Land Administration) department via +31 73 615 82 13.

You must always submit the following information when applying for an environmental permit for a water activity:

• name, address and telephone number of the initiator;
• the address of the location where the activities will be carried out;
• consent of the (co-)owner of the land, including plot number(s), name, address and signature of the (co-)owner;
• a description of the reason why the activities are to be carried out;
• a clear site plan showing the location of the activities;
• a description of the activities to be carried out;
• whether and how the surrounding area is affected by the preparation of the initiative and its possible outcome;
• the expected start date of the activities;
• the expected duration of the activities.

What further information you need to submit depends on what you are planning. We can tell you more about this during the preliminary consultation.

You can find more information on the Omgevingsloket online (Online environment portal – available only in Dutch). To log in to the online Omgevingsloket, you need a DigiD. Do you not have a DigiD yet? Information about this can be found at DigiD abroad | Netherlands Worldwide.

You can apply for the water permit online or in writing. You can also submit notifications online or in writing.

Applying for an environmental permit for a water activity online

You can do the following on the government’s  Omgevingsloket online (Online environment portal – available only in Dutch):

• check whether you need an environmental permit for a water activity;
• apply for an environmental permit for a water activity;
• submit a notification.

You must always sign the application; if you don’t, we will not be able to process it. To log in to the online Omgevingsloket and sign your application, you need a DigiD. Do you not have a DigiD yet? Information about this can be found at DigiD abroad | Netherlands Worldwide.

Applying for an environmental permit for a water activity in writing

You can also print out the Aanvraagformulier Watervergunning (Water permit application form) from  the Omgevingsloket online (Online environment portal). Fill it in, enclose the requested attachments and send it to Waterschap Aa en Maas, attn. Waterwetloket, P.O. Box 5049, 5201 GA ’s-Hertogenbosch, The Netherlands.

The form contains general questions that must always be answered and questions that are important only for certain activities.

You do not have to pay any fees for the processing of notifications nor for the application for an environmental permit for a water activity.

As soon as we receive your application, we will send you confirmation of receipt. This will tell you when we will decide on your application.

We will process your application within 8 weeks. If we need more time, we will let you know within that period.

If information is missing from your application, we will ask for additional information within 4 weeks. The statutory time limit for taking a decision temporarily ceases to run and starts then starts to run again on the day the requested information is received.

Have you submitted a complex application? This might include, for example, an application for an activity posing a high risk for the surrounding area? Or involving many interested parties? If so, we will take a decision within 6 months. We can extend that period once by 6 weeks. In such a case, you will receive a separate notification.

If you submit a notification, you will hear from us within 4 weeks.

Do you disagree with a decision of the water authority and are an interested party? Then you can lodge an objection in many cases. You can do so by writing a letter to the water board. We refer to this as an objection letter.

You are an interested party if your water-related interests are directly affected by the decision.

When is the latest you can lodge an objection?

Your objection must reach us within 6 weeks of the date the permit was sent.

What must be stated in the notice of objection?

In any case, the objection letter must state:

• your name, address and telephone number
• the date on which you are sending the objection letter
• a description or copy of the decision to which you are objecting
• what your objection is and why you are making it
• your signature

How do you submit an objection letter?

You can submit your objection letter by post.

Write your objection in a letter and send it to Waterschap Aa en Maas, attn. Waterwetloket, Postbus P.O. Box 5049, 5201 GA ’s-Hertogenbosch, The Netherlands.

What happens after you send your objection letter?

You will receive a confirmation of receipt as soon as possible. This will explain exactly how your objection will be handled and when you can expect a decision.

We will consider the best way to handle your objection. The secretary of the advisory committee may put you in touch with the employee concerned so that you can find a solution together. If this is successful, the arrangements will be recorded and no further handling of the objection will be necessary. If it is not possible to find a solution, the objection will be referred to the advisory committee.

Applying for interim relief

Permits take effect immediately. The lodging of an objection does not change this. Does this pose a problem for you? If so, you can ask the court to rule that the permit is not to take effect immediately. This is known as an application for interim relief.

How do you apply for interim relief?

You can apply for interim relief in two ways: online or by post.  Explain clearly in your application why the permit should not take effect immediately. You can apply for interim relief only if you have also lodged an objection. You must therefore attach a copy of the objection.

Would you like to apply for interim relief online?

Apply to the court for interim relief via Administrative law (rechtspraak.nl). You need DigiD to do this. Do you not have a DigiD yet? Information about this can be found at DigiD abroad | Netherlands Worldwide.

Would you prefer to apply for interim relief by post?

Send your application for interim relief to Rechtbank Rotterdam, Sector Bestuursrecht, P.O. Box 50951, 3007 BM Rotterdam, The Netherlands.

Costs

You do not have to pay a fee to submit a notice of objection.

You do pay a court fee for the handling of your application for interim relief. You can find the amount on Costs | NCC | The Dutch judiciary (rechtspraak.nl).

Please contact us via +31 88 17 88 000 from Monday to Friday between 08.30 and 17.00 or by e-mail via info@aaenmaas.nl.