Business description of the anterieure agreement on cost recovery and compensation for loss for the Textielkwartier project Gemert

Business description of the anterieure agreement on cost recovery and compensation for loss for the Textielkwartier project Gemert

Parties

  • Municipality of Gemert-Bakel, hereinafter referred to as "Municipality";
  • The initiator of the plan development, hereinafter referred to as "the applicant" or "operator".
  • Operator is dispositive on behalf of the owner of the real estate within the exploitation area;
  • The parties have investigated the spatial incorporation and social and economic feasibility of the project;
  • Parties have reached an agreement regarding the implementation of the project;
  • The parties have chosen, pursuant to Sections 13.13 and 16.138 of the Environment Act, to regulate cost recovery through a land exploitation agreement and not through cost recovery rules in the environment plan;
  • An operating contribution payment has been agreed with the operator in accordance with the elaboration of the plan cost scan;
  • The anterieure agreement is based on the model anterieure agreement cost recovery Gemert-Bakel 2024;
  • In the anterieure agreement agreements were made about:
    • The housing program / housing segmentation to be realized;
    • The planning procedure;
    • The preparation for construction and housing of the exploitation area;
    • The operating contribution to be paid by the operator to the municipality (cost recovery);
    • The conclusion of a separate agreement for loss compensation;
    • planning;
  • The municipality has been prepared to bring the plan development requested by the applicant into procedure under the condition that, for the purpose of the economic feasibility of the measure, the applicant has declared its willingness to fully compensate the municipality for the ensuing reimbursable loss compensation and related costs;
  • A loss compensation recovery agreement was entered into by the parties as a result; and
  • This loss compensation recovery agreement is based on the model loss compensation recovery agreement Gemert-Bakel 1 July 2024.

Date

The agreement was concluded on December 9, 2025 in view of the college decision of the same date.

Location

Textielkwartier Gemert, also the parcels of land cadastrically known as:

MunicipalitySectionNumber 
GemertN2303Entire parcel
GemertN1703Entire parcel
GemertN2304Part of the parcel
GemertN2504Part of the parcel
GemertN2520Part of the parcel

Project

The realization of 155 dwellings, including a residential care home at the above location and the conversion of 2 company dwellings into civilian dwellings.

Main points of the agreement

  • Operator is dispositive on behalf of the owner of the real estate within the exploitation area;
  • The parties have investigated the spatial incorporation and social and economic feasibility of the project;
  • Parties have reached an agreement regarding the implementation of the project;
  • The parties have chosen, pursuant to Sections 13.13 and 16.138 of the Environment Act, to regulate cost recovery through a land exploitation agreement and not through cost recovery rules in the environment plan;
  • An operating contribution payment has been agreed with the operator in accordance with the elaboration of the plan cost scan;
  • The anterieure agreement is based on the model anterieure agreement cost recovery Gemert-Bakel 2024;
  • In the anterieure agreement agreements were made about:
    • The housing program / housing segmentation to be realized;
    • The planning procedure;
    • The preparation for construction and housing of the exploitation area;
    • The operating contribution to be paid by the operator to the municipality (cost recovery);
    • The conclusion of a separate agreement for loss compensation;
    • planning;

Outline of the loss compensation recovery agreement

  • The municipality has been prepared to bring the plan development requested by the applicant into procedure under the condition that, for the purpose of the economic feasibility of the measure, the applicant has declared its willingness to fully compensate the municipality for the ensuing reimbursable loss compensation and related costs;
  • A loss compensation recovery agreement was entered into by the parties as a result; and
  • This loss compensation recovery agreement is based on the model loss compensation recovery agreement Gemert-Bakel 1 July 2024.

Viewing documents

The business description will be made available for inspection for 6 weeks. No views or objections in the sense of Awb can be filed against the concluded agreements and the business description of the contents of these agreements.