13.09 · Practice Domain

Public–Private Relationships, Area Development & Administrative Integrity

When the boundary between public-law powers and private agreements in development, public land allocation and cooperation is decisive for a project, location or legal position, the legal framework must be incorporated at an early stage of decision-making. You receive an environmental and planning-law approach focused on the regulatory framework, permissions, interests, evidence and transparent, legally defensible cooperation in which public powers and private interests are properly distinguished.

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Legal-strategic perspective

Public–Private Relationships, Area Development & Administrative Integrity focuses on the boundary between public-law powers and private agreements in development, public land allocation and cooperation. Decision-making under environmental and planning law rarely follows from one rule or one permit alone; location, planning scope, studies, public interests, the ownership position and implementation conditions are continually interconnected. Public and private law in area development, Agreements on the exercise of public powers and pre-development agreements and Contracting with public authorities are therefore considered from the outset within the applicable framework of the Dutch Environment and Planning Act and related legislation. Van Leeuwen Law Firm identifies which permissions and studies are necessary, which administrative bodies have authority and where decisions may be legally vulnerable.

10

10 key subthemes

These ten themes are the substantive anchors for legal analysis, governance, decision-making, execution and assurance.

  1. 01Public and private law in area development
  2. 02Agreements on the exercise of public powers and pre-development agreements
  3. 03Contracting with public authorities
  4. 04Principle of equality and public land allocation
  5. 05Conflicts of interest and integrity
  6. 06Transparency of administrative decisions
  7. 07Mandate and legal authority
  8. 08Assurances and the principle of legitimate expectations
  9. 09Abuse of powers and détournement de pouvoir
  10. 10Liability following failed area development
Strategic depth

From substantive anchors to governable choices

The four blocks below connect the ten page-specific subthemes with materiality, decision-making, governance, execution and the evidential position your organisation may later need to defend.

01

Choice of public and private legal instruments

Public and private law in area developmentAgreements on the exercise of public powers and pre-development agreementsContracting with public authorities

Within Public–Private Relationships, Area Development & Administrative Integrity, Public and private law in area development, Agreements on the exercise of public powers and pre-development agreements and Contracting with public authorities are interconnected with the legal framework governing the physical environment and the decision-making that enables, limits or prevents an initiative. Van Leeuwen Law Firm assesses the applicable regulatory framework, the necessary studies and permissions, the position of interested parties, the quality of the reasons given and the interaction between public-law and private-law instruments. Procedural stages are identified at an early point, so that participation, representations, objections, appeals, enforcement proceedings or applications for interim relief do not arise only once opportunities for decision-making have been lost. The approach aims at legally sustainable development or, where necessary, effective protection against a decision or enforcement measure.

02

Public contracts, equality and land allocation

Principle of equality and public land allocationConflicts of interest and integrityTransparency of administrative decisions

Within Public–Private Relationships, Area Development & Administrative Integrity, Principle of equality and public land allocation, Conflicts of interest and integrity and Transparency of administrative decisions are interconnected with the legal framework governing the physical environment and the decision-making that enables, limits or prevents an initiative. Van Leeuwen Law Firm assesses the applicable regulatory framework, the necessary studies and permissions, the position of interested parties, the quality of the reasons given and the interaction between public-law and private-law instruments. Procedural stages are identified at an early point, so that participation, representations, objections, appeals, enforcement proceedings or applications for interim relief do not arise only once opportunities for decision-making have been lost. The approach aims at legally sustainable development or, where necessary, effective protection against a decision or enforcement measure.

03

Integrity, mandate and transparency

Mandate and legal authorityAssurances and the principle of legitimate expectations

Within Public–Private Relationships, Area Development & Administrative Integrity, Mandate and legal authority and Assurances and the principle of legitimate expectations are interconnected with the legal framework governing the physical environment and the decision-making that enables, limits or prevents an initiative. Van Leeuwen Law Firm assesses the applicable regulatory framework, the necessary studies and permissions, the position of interested parties, the quality of the reasons given and the interaction between public-law and private-law instruments. Procedural stages are identified at an early point, so that participation, representations, objections, appeals, enforcement proceedings or applications for interim relief do not arise only once opportunities for decision-making have been lost. The approach aims at legally sustainable development or, where necessary, effective protection against a decision or enforcement measure.

04

Legitimate expectations, abuse of power and liability

Abuse of powers and détournement de pouvoirLiability following failed area development

Within Public–Private Relationships, Area Development & Administrative Integrity, Abuse of powers and détournement de pouvoir and Liability following failed area development are interconnected with the legal framework governing the physical environment and the decision-making that enables, limits or prevents an initiative. Van Leeuwen Law Firm assesses the applicable regulatory framework, the necessary studies and permissions, the position of interested parties, the quality of the reasons given and the interaction between public-law and private-law instruments. Procedural stages are identified at an early point, so that participation, representations, objections, appeals, enforcement proceedings or applications for interim relief do not arise only once opportunities for decision-making have been lost. The approach aims at legally sustainable development or, where necessary, effective protection against a decision or enforcement measure.

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