De instandhoudingtermijn

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Bij een bouwwerk dat slechts toelaatbaar is ingevolge een voorlopige bestemming. Soms bepaalt een bestemmingsplan dat gedurende enkele jaren een bepaalde bestemming geldt, de voorlopige bestemming. Een bouwwerk ten behoeve van winkel huren eindhoven de voorlopige bestemming behoeft niet langer dan die voorlopige bestemming in stand te blijven. 4 Bij een bouwwerk waarop art. 3.22 Wro is toegepast. Dat artikel geeft de mogelijkheid om ontheffing te geven voor een tijdelijke afwijking van het bestemmingsplan. Men wil bijvoorbeeld een tijdelijk postkantoor in een plantsoen plaatsen, gedurende de verbouw van het definitieve postkantoor. Gedurende de duur van de ontheffing mag het tijdelijke bouwwerk in stand blijven en niet langer (zie ABRvS 24 december 2002, AB 2003/112). De termijn begint op het moment dat de bouw of het gebruik feitelijk een aanvang neemt en eindigt op het moment dat winkel huren den haag de bouw of het gebruik feitelijk eindigt.
De instandhoudingtermijn is bij 1 en 2 maximaal vijf jaar, bij 3 is de termijn gelijk aan de termijn in het bestemmingsplan, bij 4 is de termijn gelijk aan de termijn van de ontheffing. Door de bepaling van lid 6 van art. 45 Wonw is het mogelijk geworden dat voor seizoensgebonden bouwwerken niet steeds een bouw- of sloopvergunning moet worden aangevraagd en verleend en dat bij de bouwvergunning wordt bepaald binnen welke opeenvolgende tijdvakken van een kalenderjaar het bouwwerk wordt opgericht, gebruikt en gesloopt en voor welke periode de vergunning wordt verleend.
Bij een aanvraag voor een bouwvergunning dienen burgemeester en wethouders, afhankelijk van de aard ervan, binnen een bepaalde termijn over die winkel huren haarlem aanvraag te beslissen (subparagraaf 6.6.1). In bepaalde, in de Woningwet omschreven gevallen, zijn ze verplicht de beslissing aan te houden (subparagraaf 6.6.2).
6.6.1 Beslissingstermijn Burgemeester en wethouders beslissen omtrent een aanvraag: a om een lichte bouwvergunning: binnen zes weken na ontvangst van de aanvraag; b om een reguliere bouwvergunning: binnen twaalf weken na ontvangst van de aanvraag.
Burgemeester en wethouders kunnen hun beslissing op een aanvraag om een reguliere bouwvergunning eenmaal met ten hoogste zes weken verdagen.
De beslissingstermijn omtrent een aanvraag bouwvergunning in twee fasen (zie subparagraaf 6.8.1) bedraagt voor elk van beide aanvragen zes weken. Ook voor de bouwvergunning eerste en tweede fase kan de beslissingstermijn eenmaal met zes weken worden verlengd (art. 46 lid 2 Wonw).
Indien niet tijdig is beslist, is de winkel huren tilburg bouwvergunning van rechtswege verleend (art. 46 lid 6 Wonw). De bouwer kan er dan gebruik van maken en zijn bouwplan uitvoeren indien er geen andere, bijvoorbeeld privaatrechtelijke, belemmeringen zijn. De zes en twaalf weken zijn dus voorbeelden van een ‘fatale’ termijn. Als de bouwvergunning van rechtswege is verleend, mogen burgemeester en wethouders niet meer op de bouwaanvraag beslissen (zie bijvoorbeeld ABRvS 30 augustus 1999, AB 2000/16).

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