Subsidy scheme Transition Fund Gemert-Bakel

The Municipal Executive of Gemert-Bakel; Whereas

Superfluous buildings have arisen in the outlying area due to the termination of businesses; demolition is necessary to improve the spatial quality and prevent undesirable vacancy.

There is a need for a regulation that stimulates demolition of surplus (agricultural) buildings, with reallocation or limitation of building possibilities and - where appropriate - space for housing or expansion.

Additional expansion space or housing construction is only possible in combination with a proportionate improvement in the quality of the outlying area through demolition.

For the period 2026-2035, €1,000,000 has been made available for a revolving subsidy scheme (Transition Fund), with spatial location considerations excluded from the scheme.

Dat het daarvoor noodzakelijk is onderstaande regeling vast te stellen;

In view of title 4.2 of the General Administrative Law Act and the General Subsidy Ordinance Gemert-Bakel 2024

 

Resolution To adopt the Gemert-Bakel Transition Fund Subsidy Scheme.

Article 1 - Definitions

Voor toepassing van deze regeling wordt verstaan onder:

Application.An application form completed by an applicant and made available by the municipality to obtain compensation for the demolition of surplus buildings, accompanied by all mandatory appendices included in these regulations.

Agricultural function:The use of land and/or buildings for the benefit of an agricultural business.

Awb:De Algemene wet bestuursrecht.

Buildings:Buildings and structures not being buildings.

Business expansion. A planological expansion of the permitted buildings for the benefit of a non-farm business in the outlying area.

Structure not being a building:A trench or feed silo, water basin, manure storage or yard paving for which, if applicable, an environmental permit has been granted.

Board:Het college van burgemeester en wethouders van de gemeente Gemert-Bakel.

College decisionEen besluit genomen door het College.

Cultural-historical values:Values and characteristics of an area or things present there, related to architectural heritage, urban planning heritage, historical green values, historical geographic heritage and known and expected archaeological values.

Building:Any legal structure that forms a space accessible to people, covered, wholly or partially enclosed by walls, for which, if applicable, an environmental permit (building activity) has been granted.

Ready notification form:A form made available by the municipality of Gemert-Bakel to report and demonstrate that demolition is complete.

Glass stands:Buildings or structures, consisting entirely or mainly of glass, used for growing crops.

Low mink sheds:Open or semi-open structures for keeping minks, usually provided with a roof and column construction but without closed walls, so they do not qualify as buildings.

Ground levelHet aansluitende, afgewerkte terrein rondom een bouwwerk.

Monumental building:A building designated as a national, provincial or municipal monument and protected as such under the applicable regulations.

N-emissions:The permitted ammonia emission (NH3), expressed in kilograms per year, as included in the environmental permit (milieu) or equivalent permit applicable to the location.

Net demolition meters:The number of square meters of building or structure not being a building that is demolished on balance, being the difference between the existing and future building, as a starting point for determining the subsidy level.

Environmental permit.Een omgevingsvergunning als bedoeld in de Omgevingswet.

Environmental permit activity demolition:An environmental permit is required based on the Omgevingswet/Besluit bouwwerken leefomgeving and/or the Gemert-Bakel Environmental Plan for the demolition of a structure.

Environmental permit component.The part of the environmental permit that relates to environmentally harmful activities as referred to in the Environment Act.

Parcel:The cadastral parcel or related cadastral parcels on which the buildings to be demolished are located, owned by the applicant and zoned as one unit in the Gemert-Bakel Environmental Plan.

Planning amendment.An amendment to the environmental plan or other planning regulation that makes a new function or use possible from a planning perspective.

Demolition notification: A notification is required based on the Environment Act and Decree on construction works in the living environment and/or the Gemert-Bakel Environment Plan.

Demolition subsidy:A financial contribution provided by the college for the complete and demonstrable removal of buildings or structures on a plot, intended to support spatial quality improvement, function change or policy goals from the Gemert-Bakel Environment Plan.

Subsidy ceiling: The maximum amount available during a certain period of time for the provision of subsidies under this subsidy scheme.

Pre-consultation response:A written response by the college to an initiative in the preliminary phase, indicating the extent to which cooperation can be granted to the intended development, without any rights being derived from it.

WoontitefThe planning right to realize one dwelling in the outlying area.

Article 2 - Eligible activities

2.1 The following components are eligible for subsidy:

  1. de sloop van agrarische gebouwen;
  2. de sloop van lage nertsensheds;
  3. de sloop van glasopstanden;
  4. de sloop van bouwwerken geen gebouw zijnde;
  5. het verwijderen van verharding en andere voorzieningen;
  6. N-emission in case of complete withdrawal of the Environmental Permit part environment (according to article 7.1.4 of Maatwerk omgevingskwaliteit Beleidsregel omgevingsrecht of the Province of Noord-Brabant).
Article 3. - Target groups
  1. An application can be submitted by an owner of the parcel on which buildings with an agricultural function are present.
  2. An application can be submitted by an owner of the parcel on which buildings with a former agricultural function are present, where no demolition obligation is included in case of change of function.
Article 5 - Subsidy ceiling and distribution criteria

5.1 The subsidy ceiling at the start in 2026 is € l .000,000. Each calendar year, the college determines what the subsidy ceiling is for the future year.The subsidy ceiling is revolving and will be reduced by providing grants and increased by the funds received from residential titles and business expansions.

5.2 Of the total subsidy as mentioned in paragraph l, a maximum of €500,000 is reserved for the demolition of low mink sheds. Each calendar year, the college will determine the subsidy ceiling for the future year for low mink shelters. These funds may be reused only if they are added back to the fund through income from farm expansions.

5.3 The Board will process applications in order of receipt.

5.4 Acceptance of eligible applications, which are not refused, will take place in the order in which they are submitted to the Board, until the subsidy ceiling referred to in the first paragraph is reached.

5.5 If the applicant, pursuant to Article 4:5 of the Awb has had the opportunity to supplement the application, the date of submission of the application shall be the date on which the application is supplemented into an admissible application.

Article 6 - Application

6.1 Applications can be submitted until December 31, 2035 at the latest.

6.2 In addition to Article 9 of the ordinance, the application shall be accompanied by the following documents:

  1. An application form filled in truthfully and signed by the owner;
  2. A description, including the number of m2, of the buildings to be demolished;
  3. Documents proving that the buildings to be demolished were legally erected and, if applicable, built with building and/or environmental permits;
  4. Documents proving that the structures not being buildings to be demolished have been legally erected and, if applicable, built with building and/or environmental permits;
  5. A scale map showing the buildings to be demolished;
  6. een asbestonderzoek dat de aanwezigheid of afwezigheid aantoont;
  7. Multiple photos of the buildings to be demolished so that all sides are visible;
  8. A copy of the college decision that makes rebuilding the buildings to be demolished impossible;
  9. een tekening van de nieuwe toekomstige situatie;
  10. een positieve vooroverlegreactie van het college van de toekomstige situatie.
Article 7 - Decision period

7.1 The college will decide within 12 weeks of receiving the fully and correctly completed application from Article 6 of these regulations.

7.2 The Municipal Executive may extend the period referred to in Article 7.1 once by 6 weeks.

7.3 If the funds of the Transition Fund are exhausted (subsidy ceiling has been reached), applications will be placed on the reserve list by suspending the application procedure and application deadline. Once funds are again available, applications will continue to be considered.

Article 8 - Conditions

De subsidie kan worden verleend onder de voorwaarden:

  1. All buildings to be demolished listed in the application will be demolished and disposed of by the applicant, including the removal of the building's fixtures serving the former use. If there are wells, foundations and other underground facilities on the parcel that are used in conjunction with the buildings to be demolished for which compensation is sought, these facilities must also be demolished and removed. In addition, the soil left behind must be leveled.
  2. Demolition takes place in accordance with the applicable legal requirements, and according to the conditions that apply to demolition notification or environmental permit activity demolition.
  3. The surface area is measured along the outside of the facades or to the middle of the dividing walls, projecting perpendicularly downward to the average ground level (the finished terrain) surrounding the building;
  4. It concerns buildings in the outlying area of the municipality of Gemert-Bakel that have been legally erected and, if applicable, built with building and/or environmental permits.
  5. De gesloopte gebouwen mogen niet vervangen worden door nieuwe gebouwen.
  6. The threshold is at least 250m2 of farm building, 500m2 of non-building construction and/or 500m2 of low mink sheds demolished.
Article 9 - Grounds for refusal

A compensationforDemolition is refused, withdrawn or set at nil if one or more of the following grounds for refusal apply:

  1. Er al een subsidie is ontvangen forsame purpose, except for mink farms;
  2. Er al een sloopverplichting op de bebouwing aanwezig is;
  3. Demolition has already taken place, excluding asbestos remediation;
  4. No planning cooperation can be granted for the development, or no irrevocable change environmental plan/environmental permit is obtained;
  5. The building to be demolished is a monumental building or a building with cultural-historical values;
  6. The applicant cannot obtain a building permit (omgevingsvergunningforbuilding activity) or other proof of legal establishment must be submitted for the building to be demolished;
  7. Bij de sloop is niet de van toepassing zijnde regelgeving in acht genomen;
  8. The demolition work has started before the decision mentioned in Article 7.1 has been taken by the college, except for asbestos roofs that have already been removed;
  9. There are legally direct possibilities on the parcel forthe construction of commercial buildings and/or outbuildings larger than 100 m2, not including permit-free buildings, unless further agreements have been made in advance, which are laid down in an exploitation agreement or anterior agreement and incorporated in a revision of the applicable Gemert-Bakel Local Area Plan;
  10. De ondernemer stopt niet volledig met minimaal één diercategorie.
Article 10 - Determination

10.1 The determination of the subsidy will take place after the demolition work has been completed, whereby this demolition must have taken place at the latest within 4 months after the taking of the aforementioned subsidy decision, if no amendment of the environmental plan is necessary. If an amendment of the environment plan is necessary, the determination of the subsidy shall take place within 2 months after the amended environment plan has become irrevocable, provided that demolition has been completed within that period.

10.2 In addition, the application for determination is supplemented with:

 

  1. copy of the irrevocable planning situation;
  2. een gereedmeldingsformulier voor sloop;
  3. Photos of the demolished buildings, structures without buildings and/or low mink sheds that are eligible for subsidy as mentioned in article 2.1
Article 11 - Payment

11.1 Within 4 weeks after the decision is sent, the amount will be transferred to the account number provided by the applicant. Notwithstanding the regulation, the subsidy will be paid in three phases:

  1. 60% by decision for granting compensation as referred to in Article 8 of this regulation;
  2. 20% bij gereed melding van de te slopen bouwwerken;
  3. 20% bij vaststellen van de subsidie zoals bedoeld in artikel 10 van deze regeling.

11.2 If the subsidized activities are not carried out within two years after the subsidy is granted, the subsidy will be withdrawn and the subsidy amount already paid will be recovered.

Article 12 - Entry into force and citation
  1. This regulation takes effect after publication.
  2. Deze regeling wordt aangehaald als: "Subsidieregeling Transitiefonds Gemert-Bakel".

Thus decided by the Municipal Executive of Gemert-Bakel in the meeting of December 16, 2025.