SPATIAL PLANNING KEY DECISION ~ ROOM FOR THE RIVer Explanatory Memorandum 8 Waal (from Nijmegen to Gorinchem) 44 Contents of Explanatory Memorandum 8.1 Description of the area 44 8.2 Flood protection 44 8.3 Improvements in spatial quality 44 8.4 Overall approach to decisions for the long term 45 8.5 Short-term measures 45 8.6 Reserving land 46 Explanation 8.7 Opportunities for other measures 46 1 Introduction 9 9 Lower reaches of the rivers 48 1.1 Background 9 9.1 Description of the area 48 1.2 Procedure since publication of PKB Part 1 9 9.2 Flood protection 48 1.3 Decision-making 10 9.3 Improvements in spatial quality 49 1.4 Substantive changes compared to PKB Part 1 10 9.4 Overall approach to decisions for the long term 49 1.5 Substantive changes compared to PKB Part 3 11 9.5 Short-term measures 50 1.6 Guide to this publication 11 9.6 Reserving land 53 9.7 Opportunities for measures 53 2 Major shift in approach to flood protection 12 2.1 The background to this PKB 12 10 Lower Rhine/Lek 54 2.2 Major shift in approach 12 10.1 Introduction 54 2.3 Coordination with improvements in spatial quality 15 10.2 Flood protection 54 10.3 Improvements in spatial quality 54 3 Flood protection in the Rivers Region 16 10.4 Overall approach to decisions for the long term 55 3.1 The challenge for the PKB 16 10.5 Short-term measures 55 3.2 Long-term trends in river discharge levels and sea level 16 10.6 Reserving land 58 3.3 Targets to be met 18 10.7 Opportunities for measures 58 4 Improvements in spatial quality 25 11 IJssel 60 4.1 Introduction 25 11.1 Description of the area 60 4.2 Impact of National Policy Document on Spatial Planning in this PKB 25 11.2 Flood protection 60 11.3 Improvements in spatial quality 60 5 Strategic policy decisions 30 11.4 Overall approach to decisions for the long term 61 11.5 Short-term measures 62 6 Desired long-term measures and approach up to 2015 34 11.6 Reserving land 65 6.1 Desired long-term measures 34 11.7 Opportunities for other measures 65 6.2 Approach up to 2015 (Basic Package of Measures) 37 6.3 Programmatic approach 37 12 Soil balance and disposal sites for soil 66 6.4 Reserving land 37 12.1 Introduction 66 12.2 Active Soil Management for the Distributaries of the Rhine 66 7 “KAN” area 39 12.3 Overall approach to remediation along lower reaches of rivers 67 7.1 Description of the area 39 12.4 Disposal locations 67 7.2 Flood protection 39 12.5 Soil balance and selection of disposal sites for soil 68 7.3 Improvements in spatial quality 39 7.4 Overall approach to decisions for the long term 40 7.5 Short-term measures 40 7.6 Reserving land 43 7.7 Opportunities for measures 43 2 PKB Part 4 Room for the River Explanatory Memorandum ~ Contents 3 13 Programmatic approach 73 19 Waal (from Nijmegen to Gorinchem) 114 13.1 Introduction 73 19.1 Public consultation process 114 13.2 The relationship between the Basic Package of Measures, alternatives and supplementary measures 73 19.2 Additional studies 114 13.3 Flexibility in the future 74 19.3 Government assessment 115 13.4 Criteria for exchanging or adding measures 74 19.4 Government decision 116 14 Nature conservation 76 20 Lower reaches of the rivers 117 14.1 Introduction 76 20.1 Public consultation process 117 14.2 Appropriate assessment at strategic level 76 20.2 Additional studies 117 14.3 Conservation objectives 77 20.3 Government assessment 118 14.4 Strategic Framework for the Birds and Habitats Directives 77 20.4 Government decision 120 14.5 The assessment criteria 78 14.6 Positive effects of the Basic Package of Measures on Natura 2000 81 21 Lower Rhine/Lek 121 14.7 After the PKB 82 21.1 Public consultation process 121 21.2 Additional studies 121 15 Financing 83 21.3 Government assessment 122 15.1 Basic principles 83 21.4 Government decision 122 15.2 Budgets 83 15.3 Cost estimate for measures 84 22 IJssel 123 15.4 Risks and management measures 86 22.1 Public consultation process 123 15.5 Quality Assurance 89 22.2 Additional studies 124 22.3 Government assessment 124 16 After the PKB procedure 91 22.4 Government decision 126 16.1 Phases of decision-making 91 16.2 Administrative levels for project decisions 92 16.3 Follow-up procedures 93 16.4 Planning phase and implementation 94 Closer consideration and assessment of the various options 17 General 105 17.1 Introduction 105 17.2 PKB Part 1 105 17.3 EIS 105 17.4 Policy Guideline “Room for Rivers” 106 17.5 Flood protection objective 106 17.6 Spatial quality objective 106 17.7 Target 107 17.8 Sectors 107 17.9 Legal aspects 108 17.10 Additional studies 109 18 “KAN” area 112 18.1 Public consultation process 112 18.2 Additional studies 112 18.3 Government assessment 113 18.4 Government decision 113 4 PKB Part 4 Room for the River Explanatory Memorandum ~ Contents 5 Explanatory 1 Introduction 1.1 Background 1.2 Procedure since publication of PKB part 1 The Dutch Government wishes to increase flood protection to After publication of PKB Part 1, the following activities took the level required by law by no later than 2015 and to improve place: the spatial quality of the “Rivers Region” (Rivierengebied) ~ public consultation process; in the centre of the country. Given that the representative ~ administrative consultation; discharge levels in the country’s rivers are expected to incre- ~ recommendations by the EIS Committee and other ase, the Government aims to do everything possible to ensure advisers required by law to be consulted; the necessary level of flood protection by taking steps to ~ additional studies. prevent representative high-water discharge levels from rising even further. This means that the emphasis will shift from Public consultation process improving the dykes to creating more room for the river. The The publication of PKB Part 1 was followed by a public Government’s “Basic Package of Measures” [Basispakket van consultation process in accordance with Section 2(a)(2) of maatregelen] mainly comprises measures to create more room the Spatial Planning Act [Wet op de ruimtelijke ordening]. for the rivers that also offer the possibility of preserving and/or An Environmental Impact Statement (EIS), a Cost-Benefit improving spatial quality, the proviso being that the measures Analysis, the Strategic Framework for the Birds and Habitats involved must satisfy the existing technical and financial requi- Directives and the Regional Advisory Report were published rements and be implemented by no later than 2015. simultaneously with PKB Part 1. This whole package was made available for inspection from 1 June 2005 to 23 The Government issued the Draft Key Planning Decision August 2005. It was also available on the project website “Room for Rivers” [Planologische Kernbeslissing Ruimte voor www.ruimtevoorderivier.nl. The public were able to express de Rivier], also referred to as “PKB Part 1”, on 15 April 2005. their views on PKB Part 1 and the EIS. A German translation After this had been done, and the associated Environ mental was also published of PKB Part 1 and the EIS. These Impact Statement (EIS) had also been issued, the documents were also available for public consultation in public were invited to review and comment on it, administra- Germany according to the normal German procedures. tive consultations took place, and the Environmental Impact Statement Committee [Commissie voor de milieu- Over the course of the public consultation period, a total of effectrapportage] and other advisers required by law to be 2843 responses were received. PKB Part 2 includes a report consulted issued their recommendations. The responses and on the main points of these responses. results of all this have been incorporated into “PKB Part 2”. Additional studies have also been carried out regarding a Administrative consultation number of points. Administrative consultation took place regarding PKB Part 1 in Wageningen (30 August 2005), Gorinchem (2 September The present document is the Explanatory Memorandum 2005) and Zutphen (15 September 2005). The reports on accompanying “PKB Part 4”, the decision adopted after these meetings are included in PKB Part 2. approval by the Upper and Lower Houses of the Dutch Parliament. One minor change has been made to the PKB Recommendations by the EIS Committee and other advisers compared with Part 3 (see Section 1.5). The present required by law to be consulted Explanatory Memorandum substantiates and explains the PKB The EIS Committee provided its recommendations on the (Sections 1 to 16) and clarifies how the Government dealt with Environmental Impact Statement on 14 October 2005. The the results of public participation, consultation, recommenda- State Landscape Adviser [Rijksadviseur voor het landschap], tions, and additional studies (Sections 17 to 22). acting on behalf of the Board of State Advisers [College Explanatory Memorandum ~ Chapter 1 ~ Introduction 9 van Rijksadviseurs], also made recommendations on 26 inspection and comment. The PKB came into force the day The private initiatives planned for the washlands near Maurik version of the appendix. The Lower House approved this October 2005, while the Netherlands Council on Housing, after it was published. It is not open to appeal. This does not have been included in the PKB as a promising addition to the amended appendix on 31 October 2006 and passed it on to Spatial Development and the Environment [VROM-raad] mean, however, that planning has been completed.