Planning damage compensation and loss compensation

Legal support for planning damage compensation and loss compensation

Our lawyers assist government in handling losses resulting from government planning decisions and requests for compensation. We provide advice starting from the initial assessment of a request up to and including objection and appeal proceedings. In that regard we combine specialist knowledge of environmental and planning law as well as administrative law with extensive experience in the daily practice of public administration.

Loss due to lawful government action

Every day, governments make decisions in the public interest. Sometimes such decisions result in losses for civilians, businesses or property owners. However, not every loss is eligible for compensation.

Whether planning damage or loss compensation applies depends on various factors, such as the cause of the damage, foreseeability, risk acceptance and the normal societal risk. It is the assessment of these factors that regularly leads to differences of opinion. “A carefully prepared decision is therefore essential, both for the applicant and for the administrative authority.

An integrated approach to applications for compensation

Issues concerning planning damage and loss compensation rarely relate only to the claim itself. They are often linked to environmental and planning law, administrative law, property law, land policy and area development. A decision on a claim for compensation can also have consequences that go beyond the individual case. These include the precedent effect, the progress of a project, the financial position of a municipality or the administrative choices made within the development of an area.

This is why our specialists in various areas of law work closely together, This enables us not only to support the legal assessment of a claim, but also to address its implications for policy, implementation and project development. By casting a wide net, we are able to discover risks early on and therefore limit that proceedings or even prevent them. We support public authorities in the following and other areas:

• Assessing applications;
• Drafting of decisions;
• Objection and appeal proceedings;
• Advice on the scope of loss or damage and the risks involved;
• Engaging and assisting experts.

By combining different specialisations, a single clear approach emerges, thus ensuring that our advice is not fragmented. This comprehensive approach is in line with municipal practice, where administrative and financial interests continuously overlap.

Planning damage and loss compensation under the Environment and Planning Act.

The legal system has changed with the implementation of the Environment and Planning Act (Omgevingswet). For situations that occurred before 1 January 2024, the former laws on loss resulting from government planning decisions generally remain applicable on the basis of transitional law. For new situations, the compensation system under the Environment and Planning Act applies.

Although the rules have changed, a number of legal issues remain untouched, such as foreseeability, risk acceptance, causality and the scope of the loss or damage. We help public authorities apply both the old and the new legal framework and translate legislation and case law into manageable choices for policy, projects and decisions.

Practical and targeted

In planning damage and loss compensation cases, the focus is not solely on legal correctness. Enforceability, administrative basis and management of risks also play role. That is why we not only advise on the legal frameworks, but also consider the implications for projects, area development and policy objectives. We help prevent legal action wherever possible. If it is unavoidable, we set out a clear and convincing litigation strategy.

Our clients

We primarily advise and litigate for:

• Municipalities;
• Provincial authorities;
• Water boards;
• Other public organisations.

We also assist project developers, businesses and property owners who are confronted with planning damage or loss compensation claims.

Given that we assist both public authorities and private parties, we understand the diverse interests at play in these cases. This broad experience allows us to analyse case keenly and to develop solutions that are legally robust and practicable.

Get in touch with us

Have you received a claim for planning damages or compensation for losses? Or would you like to discuss the implications of a project, environmental plan, or infrastructure development? Our specialists would be happy to work with you to find a solution.