The Administrative Law Division of the Council of State considered that Article 4.2.4(b) of the planning regulations was placed under Title 4.2 (building regulations). This article therefore only contains building regulations on the land designated as "Residential". As a result, Article 4.2.4(b) is only relevant for assessing applications for an environmental permit for building against the zoning plan. In view of Section 2.22(2) of the Environmental Law (General Provisions) Act, an environmental permit for the building activity can only be subject to regulations that deal with this activity. As [appellant] also argues, regulations that deal with the "activity of use" cannot be attached to an environmental permit for the activity of building. That the categories of road users in a case like this may be regulated in a zoning plan seemed to follow from the interlocutory ruling, which after all ordered "as yet to regulate that at least cars are not allowed to use the subway on Heilige Geeststraat provided for in the plan." In his annotation, the author raises the question whether the taking of traffic measures can be mandated in a zoning plan.
|Translated title of the contribution||Rules on land use do not belong under the rules on reviewing building permits included in a zoning plan|
|Article number||BR 2022/86|
|Number of pages||4|
|Publication status||Published - Dec-2022|
|Title||Een gebruiksverbod hoort niet thuis onder de bouwvoorschriften van een bestemmingsplan|
|Court||Afdeling Bestuursrechtspraak Raad van State|
|Date of judgement||07/09/2022|