Bergen op Zoom, 11 december 2006
Dagelijks Bestuur van het
Waterschap Brabantse Delta
per e-mail [email protected]
Betreft: watertoets als schaamlap
Geacht Bestuur,
Volgens de handreiking “Watertoets” van het Ministerie van Verkeer en Waterstaat is een watertoets geboden voor alle plannen, waarbij een ruimtelijke procedure wordt gevolgd. Voorbeelden zijn: bestemmingsplannen, structuurplannen, streekplan, zelfstandige projectprocedures (ex art. 19 lid 1 WRO), enz.
Volgens de voornoemde handreiking dienen de eventuele maatregelen opgenomen te worden in de toelichting bij de voornoemde ruimtelijke plannen. Een prachtig verplicht procesinstrument dat leidt tot veel werk bij waterschappen, maar dat feitelijk niet leidt tot de gewenste resultaten. Het is niet meer dan een doekje voor het bloeden of in mijn beleving ‘een schaamlap’, waarmee de wetgever ons (het waterschap) heeft opgezadeld.
De waterparagraaf staat bij de mij bekende nieuwe bestemmingsplannen altijd in de zogenaamde toelichting van de bestemmingsplannen. Dit is conform de voornoemde handreiking. Echter de toelichting is niet bindend. Dus niet juridisch afdwingbaar!
Alleen de voorschriften zijn bindend en juridisch afdwingbaar.
Vrijwel al het werk van het waterschap inzake waterparagrafen in bestemmingsplannen is feitelijk ‘water naar de zee dragen’ en is slechts van marginale invloed op de waterproblematiek en de wateropgaven waarvoor Nederland en ons territoir met name zich gesteld ziet.
Ondergetekende constateert dat bijvoorbeeld in het bestemmingsplan Fort/Zeekant in de gemeente waar ik raadslid ben, de waterparagraaf niet wordt uitgevoerd. Projectontwikkelaars hebben er simpelweg het geld niet voor over. Van de mooie waterbergingsplannen per individuele woning of bouwplan komt dus niets terecht.
Ik verzoek U dringend deze problematiek onder de aandacht van de Unie en het Ministerie te brengen.
De watertoets is goed, mits deze leidt tot de opname van afdwingbare voorschriften in alle ruimtelijke plannen.
Met vriendelijke groet,
Louis van der Kallen
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