Area development

Area development forms part of our daily operations. The projects, in which we are involved, are situated all over the Netherlands, from Randstad to Heerlen and from Eindhoven to Lochem and Kampen. We negotiate on and prepare many types of agreements: cooperation, implementation, land allocation and anterior development agreements. We also establish partnerships between the real estate parties concerned and public authorities, being a consultant of (semi) public parties – municipalities, provinces, housing corporations, care institutions – and of private parties, such as developers and investors.

In this context, we also provide advice on (potential) state aid and procurement law issues. We assist tendering parties in the establishment and implementation of tendering procedures – from public and non-public to ‘competitive dialogues’ – and provide advice to tenderers regarding their bid.

Currently, we often provide advice for renegotiation processes and/or conflicts with regard to existing partnerships for (housing development) processes. This oftentimes concerns delays in or modifications of plans between the municipality and the developer.

Sparring partner and consultant in many fields

We are a strategic sparring partner for our clients and frequently act as an intermediary between the parties. When organising and establishing a partnership for the purpose of area development, balance constitutes a major factor. The agreement should be an ‘itinerary’. Not a straitjacket, where one of the parties domineers. The negotiating and drafting of a balanced contract with the weighted interests of both parties is a guarantee for success. This is one of our strengths.

We think along with our clients about sustainability issues and legislation and developments in this area. We have experience in project support and the redaction of contracts in the field of alternative energy, windfarms, thermal storage installations, solar panels etc.

We also provide advice and take legal action with respect to spatial planning issues. How do we achieve a modification of the current planning regime? How do we obtain the required environmental permit? This forms part of our daily operations.

Specific focus areas in area development:

  • Contract law
  • Rights in rem (amongst others, long leasehold, right of superficies)
  • Public-private partnerships
  • (European) procurement law
  • State aid law
  • Spatial planning law
  • Costs recovery, land development and anterior development agreements
  • WVG (Municipalities (Preferential Rights) Act) and expropriation
  • Spatial planning damage assessment
  • State liability and compensation for damages and loss
  • Sustainability issues