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Permits and Spatial planning

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MUNICIPALITY OF ZUIDPLAS/ZUIDPLASPOLDER

Boot Advocaten defended the municipality in appeal proceedings before the Administrative Jurisdiction Division of the Council of State against all zoning plans that were adopted for this very large development (maximum 35,000 homes). 

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TRAFFIC SCHOOL

Boot Advocaten assisted a traffic school  in proceedings against the refusal of all applications for an environmental permit for the site with buildings and roads. In particular, it concerned the application of new requirements with regard to external safety, as a result of which the company could no longer carry out its activities.

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MUNICIPALITY OF UITHOORN – PROJECT VINCKEBUURT

Boot Advocaten advised the mayor of the municipality with regard to a number of issues in the field of external safety, in particular with regard to the influence of the risk analysis (QRA) of BRZO companies on the zoning plans in the vicinity of those companies.

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PIETER VAN FOREEST – PROJECTS

The Pieter van Foreest Healthcare Institutions Foundation operates 23 locations of independent residential units, residential care centres, nursing meeting centers and nursing homes for the elderly in the Randstad area. Boot Advocaten assisted the foundation in, among other things, zoning plan procedures in the municipality  Pijnacker Nootdorp and the municipality of Teylingen.

 

MUNICIPALITY OF LELYSTAD/PROJECT WARANDE

Boot Advocaten litigated on behalf of the municipality against the Minister of EL&I before the Administrative Jurisdiction Division of the Council of State, regarding the designation of the adjacent Oostvaardersplassen as a Natura 2000 area. As a result of this designation, extensive land intended for the future Warande residential area must remain undeveloped to serve as a foraging area for birds such as the Blue and Brown Harrier.

 

SOUND INSULATION PROJECT SCHIPHOL PHASE 2 (GIS II)

KLM and Schiphol Airport had a conflict with the Ministry of Transport, Public Works and Water Management about the costs of the Sound Insulation Project Schiphol GIS II and GIS III. Boot Advocaten provided legal assistance to KLM and Schiphol Airport in this matter. The GIS project included the insulation of approximately 14,000 homes around Schiphol in order to reduce noise nuisance. Rijkswaterstaat passed on the costs of this project to the airlines. The Airport Schiphol NV handled the administrative settlement of the charges imposed on them. The project was hit by major delays and massive cost overruns. So until then, only approx. 7,700 homes were insulated and the costs of GIS II rose from 180 million euros to 396 million euros in the period 1995-2003.
The most important achievements in this case are that Boot Advocaten, in collaboration with technical experts, produced a report in three months' time, revealing the causes of the cost increases. Based on the report by Boot Advocaten, former State Secretary Melanie Schultz ordered the Netherlands Court of Audit to conduct an investigation. Boot Advocaten then assisted Schiphol Airport in drafting comments on the draft memorandum of findings and the draft final report GIS II of the Court of Audit.
 
One of the conclusions of Boot Advocaten's report was that the government acted contrary to European procurement rules and entered into new contracts with contractors and consultants, resulting in a large part of the cost increase. The legal services also consisted of drawing up and elaborating models for possible public-private partnerships between the government and the aviation sector. Boot Advocaten's advice contributed greatly to the fact that the State has now reduced the bill for the sector by 110 million euros. There is also a proposed amendment to Article 77 of the Aviation Act, which should still provide a legal basis.

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ENVIRONMENTAL QUALITY OF ELECTRICITY PRODUCTION (MEP SUBSIDY)

During the term of the MEP (Environmental Quality of Electricity Production) subsidy for electricity from renewable sources, Boot Advocaten served as the secretariat of the objections committee. Boot Advocaten advises on the certification of energy from renewable sources to the body issuing them both at the national and European level. In addition, Boot Advocaten collaborates on all changes in national regulations in this field.

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MUNICIPALITY OF ZANDVOORT/LOUIS DAVIDSCARRÉ

The Louis Davidscarré project was realized near the center of Zandvoort. It concerns the design and realization of a public underground parking garage with buildings and layout of public spaces above it. The buildings include a Community School with educational functions of a public and a special primary school with an extra room, a children's centre, two playgroups, a public library, Zandvoort care desk, socio-cultural areas, a sports hall, various communal areas and the design of (semi-)public space on the parking roof. In addition to commercial spaces, approximately 170 owner-occupied and rental homes were built in various market segments.

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Boot Advocaten provided full advice and implementation of the tender, contracting in the field of cooperation and construction (including contract annexes), and the transfer and establishment of rights in rem and land in close cooperation with civil-law notaries, tax specialists and architectural consultants. Boot advised on the parallel tendering of the realization and management of the alternative energy supply, which must also be incorporated into the entire tendering process. Alternative planning should also be taken into account due to the construction of private land positions near the project. Boot Advocaten was closely involved in selecting the developers and assessing the tenders. Administrative law processes were also followed.

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LARGE SWANLA SOUTH PASS

Boot Advocaten assisted the developer Synchroon in the appeal procedures against the issued permits and advised on the repair of the planning procedures underlying the permits. Boot Advocaten also assisted the developer in planning damage proceedings.

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MUNICIPALITY OF TILBURG/RAIL ZONE

Boot Advocaten supervised the tender and the contracting after the tender of  masterplan “De Werkplaats”. This plan forms the basis for the Spoorzone core area. The basic program offers a minimum of 220,000 m² of development, which can be divided into 150,000 m² for living, 25,000 m² for work, 20,000 m² for catering, 10,000 m² for culture, possibly 60,000 m² for education, 10,000 m² for commercial facilities and 5,000 m² for other facilities. In the coming years, the area will be redeveloped into a high-quality central urban location with homes, offices and educational, cultural and leisure facilities.Through a tender process, a developer was selected as a partner in 2010 to work with the City of Tilburg to develop a Master Plan for the area of Tilburg. The selection and award criteria were innovative and led to a successful tender for a large-scale area development.

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In the context of the crisis at the time, the winner could no longer meet its obligations. Boot Advocaten assisted the municipality in the renegotiations. Within the scope of the tender and the associated contracts, new conditions were set and further agreements were made. Boot Advocaten advised the municipality on the land transactions and the further content of the cooperation agreement. Boot Advocaten connected and coordinated tax specialists, land price experts and responsible department heads with the market party on the basis of the A-team concept.

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MUNICIPALITY OF VEENENDAAL – PROJECT BROUWERSPOORT

Boot Advocaten provided the legal guidance and coordination of one of the larger redevelopments of a city center in the Netherlands: "Het Centrumplan Brouwerspoort in Veenendaal". The municipality of Veenendaal has far-reaching ambitions to transform the city center with a rich industrial past and associated industrial heritage into a modern shopping area with a regional function over the next ten years. The plan includes more than five hundred homes, more than 1700 indoor and external parking spaces, 4600 m2 retail, 6200 m2 services, 19,140 m2 municipal services and cultural facilities, 800 m2 catering, and 6000 m2 furniture showrooms. Within the planning area various developing and building market parties, in addition to the municipality, have taken up land positions with sometimes conflicting interests.

Boot Advocaten supervised the tendering process for the area development, assisted in the negotiations with regard to both the conclusion of cooperation agreements with developers and contractors, land allocation agreements, and purchase agreements, and the dissolution of cooperation agreements, land allocation agreements and purchase agreements. Boot Advocaten was also involved in administrative proceedings.

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Commercial interests must be aligned  with political-administrative interests and decision-making. In a complex center development, it is important to deploy, coordinate and monitor the right expertise  efficiently. Knowledge is required of administrative law, procurement regulations, state aid, taxation and of course private law aspects. But other expertise is also used, such as financial analysts, land exploitation experts and parking garage experts. Within this dynamic, Boot has a pivotal coordinating function.  

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MUNICIPALITY OF PIJNACKER – NOOTDORP / BOEZEM II

Boot Advocaten assisted the municipality of Pijnacker-Nootdorp in the development of the new Boezem II business park. Boot Advocaten advised the municipality in the field of tendering law, administrative law and contract law, and with regard to allotment and land allocation in the field of contract law with regard to the ATES facility and the infrastructure to be constructed.

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MUNICIPALITY OF ROTTERDAM/PROJECT “ROTTERDAM CENTRAL DISTRICT”

In the context of contract formation, the municipality was advised on a full-service basis in the field of contract law, procurement law and taxation, as well as in the field of spatial planning. Finally, in the context of this project, the municipality was legally assisted with the redevelopment of the Schiekadeblok in Rotterdam Central District.​

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MUNICIPALITY OF LELYSTAD/BATAVIAHAVEN

Boot Advocaten assisted the municipality in the administrative proceedings surrounding the port, whereby the municipality of Lelystad was having approximately 450 homes and 14,000 m2 GFA expansion realized at the existing Outlet Centre.​

 

MUNICIPALITY OF REEUWIJK BODEGRAVEN/HORECA

This municipality was advised on the administrative options for the closure of a large-scale catering facility.

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PLAN JAAGPAD OOST KANAALOEVER ALKMAAR

Boot Advocaten assisted and advised PRN, a project developer with a large land position along the Noord Hollands Kanaal in Alkmaar. On behalf of the developer, Boot Advocaten conducts the negotiations and discussions with the municipality and other parties involved, focusing on contracting in which various administrative, procurement law, legal and tax aspects play a role.

 

BUSINESS AREA DE NIEUWE WETERING BERGAMBACHT

At business park De Nieuwe Wetering, 9.5 hectares of new allocable business park will be realized in class up to and including environmental category 4.2. Boot Advocaten assisted the client in the zoning and planning procedures related to this plan. 

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NIEUWE RHIJNGHEEST OEGSTGEEST

Boot Advocaten conducted the negotiations and litigated the land transactions, drew up contracts for cooperation and project development (from self-realization model to construction claim model) and supervised negotiations between developers themselves and with the Municipality, during which various administrative, legal and tax issues were reviewed. Boot Advocaten took care of the necessary land transactions.

 

TEYLINGEN

Boot Advocaten advised two housing corporations in the municipality of Teylingen on collaborations with VROM, the municipality and private parties. Area development mainly included the construction of owner-occupied and rental homes and care facilities. The expected investment until 2012 was € 216,000,000. Boot Advocaten was involved in the purchase and sale of land positions, the legal and fiscal structuring of the various partnerships, administrative law issues and legal issues surrounding land exploitation.

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