When in 1994 the seven city-regions came into being, the regional structure plan was
introduced. This plan was intended to facilitate the coordination of spatial policy on the level
between local and provincial government. Although this regional structure plan could have
become a strong planning instrument, its significance has in practice been rather small. One of
the reasons for this is that regional cooperation in the Netherlands is based on consensus.
Because the government on this regional level was not elected, but only appointed by the
local authorities involved, the regions have hardly used the formal powers they received under
the 1994 Act.
The realization of national infrastructure projects has sometimes been hindered because a
local authority has refused to change the local land-use plan; consequently, several
amendments have now been made to the Act. Based on a specific Act in 1994 (Tracéwet),
local authorities have fewer opportunities to obstruct plans. Later on, this Act became even
more sharply focused. As a result, the key planning decision can be binding on national
infrastructure projects. In 2004 the use of this procedure was extended to all kind of projects
of national interest.
The independent project procedure makes it possible for a local authority to allow a project to
be realized even though the proposed land use is in conflict with the local land-use plan.
Before the amendment of the Act, this possibility was only allowed if the local authority
announced the preparation of a new land-use plan. However, if the announcement was not
followed up by an actual adaptation of the land-use plan, the authority had no sanctions at its
disposal. As a result, the necessity to make an integral local land-use plan and to carry it out
was undermined. Many projects were realized in planning practice using this procedure.
Attempts to limit the use of this opportunity, for example the possibility of making a less
detailed (global) local land-use plan, have not been very successful. In 2000 the project
procedure was formalized. A condition for using this, however, was that the project should be
accompanied by a good spatial development foundation. Besides these changes, the
procedures of the Act have also been amended to stimulate the speedier preparation and faster
revision of spatial plans.
As stated above, the Spatial Planning Act became a patchwork. The Second Chamber
concurred with this opinion and, as a result, in 1999 the government decided to revise the Act
fundamentally. The Spatial Development Policy Report of the Netherlands Scientific Council
for Government Policy (WRR, 1999) also declared the importance of arranging a new system
for spatial planning in the Netherlands. The assumptions underlying a new system were
recommended to be as follows:
- A dynamic approach to spatial planning with differentiation and selectivity as core
concepts. The spatial development policy must derive its basis from a national strategic
policy that pays more attention to the integration of policy at regional level;
- The direct coupling of the spatial planning process to spatial investments and vice versa.
These assumptions concurred with the undertaking given to Parliament that the Act would
undergo a fundamental revision.
Below, a short overview is given of the most important proposed changes. Spatial planning
decisions are to be taken at all governmental levels. The Act has to clarify which
governmental level is responsible for which decision. An important criterion in the
organization of spatial planning is that powers have to be exercised at the right level -
preferably the lowest - where all the effects of a particular decision can be overseen.
Furthermore, the local land-use plans have to be more up-to-date and local authorities must