We Beatrix, by the Grace of God Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
Upon the recommendation of Our Minister of Housing, Physical Planning and Environment of august 4,1986, Central Division Legal Affairs, nr MJZ 048006, DGMH/G, nr 0486114, made in agreement with Our Minister of Transport and Public Works;
Having regard to sections 105, 106 and 129 of the Noise Nuisance Act (Staatsblad 1992, 625);
Having heard the Council of State (advice of February 4, 1987, nr W08.86.0421);
In view of the further report of Our Minister of Housing, Physical Planning and Environment of March 27, 1987, Central Division Legal Affairs, nr MJZ 2437005, DGMH/G, nr 2437110, made in agreement with Our Minister of Transport and Public Works;
HAVE APPROVED AND DECREED:
Section 1
1. For the purpose of this Decree the following definitions shall apply:
a. the Act: the Noise Nuisance Act;
b. external separation construction, building for health care and dwelling space: as defined in the Building Decree;
c. railway: a railway, tramway or subway which has been indicated on the map accompanying this Decree;
d. modification of a railway: a modification with respect to an existing railway which changes the circumstances that have to be taken into account in compliance with the rules for establishing the noise load due to that railway;
e. railway operator: the railway manager or the party instructing the construction, modification or replacement of a railway:
f. equivalent noise level in dB(A) with respect to a railway: the equivalent noise level in dB(A), determined according to the rules established by Our Minister pursuant to section 23;
g. 24 hours value of the equivalent noise level in dB(A) with respect to a railway: the highest of the following three values:
1. the value of the equivalent noise level in the period 07.00 to 19.00 hours (day value),
2. the value of the equivalent noise level in the period 19.00 to 23.00 hours increased by 5 dB(A) (evening value),
3. the value of the equivalent noise level in the period 23.00 to 07.00 hours increased by 10 dB(A) (night value);
h. noise load due to a railway: the 24 hour value of the equivalent noise level in dB(A) at a determined place, caused by the aggregate railway traffic at a determined section of the railway or a combination of sections of the railway.
i. mobil home centers: a center for placing Mobil Homes, as referred to in section 2 of the Mobil Home Act (Stb. 1968, 98)
2. For the purpose of this decree a modification of a railway is not to be understood a separate circumstance consisting of:
a. an increase of less then 45% of the determining intensity of by Our minister to be indicated category of rail vehicles on a certain railway section or on a combination of railway sections in the 24 hour period to be considered by force of section 1(g);
b. an increase of 20% or less of the speed of by Our minister to be indicated category of rail vehicles on a certain railway section or on a combination of railway sections in the 24 hour period to be considered by force of section 1(g);
c. a horizontal displacement of the rails over less then 2 meters
d. a vertical displacement of the rails over less then 1 meter or
e. replacing a railway construction by a construction that doesn't emit more noise then the construction to be replaced, by force of the rules laid down in section 23.
3. Under modification of a railway is not to be understood a modification that increases the noise load by 2 dB(A) or less, and by which the noise load on the external separation constructions of the dwellings or other noise sensitive buildings will not be more then 65 dB(A).
4. Our Minister in agreement with Our Minister of Transport and Public Works can modify the map referred to in subsection 1(c) after consultation with the concerned railway operator and the concerned municipal administrators, regard being had to the precepts that were adhered to in drawing up the map.
Section 2
1. In this Decree other noise sensitive buildings are defined as:
a. - schools for elementary education,
b. - schools for secondary education
c. - institutions for higher professional education,
d. - general, specialized and university hospitals, as well as nursing homes,
e. - other buildings for health care not mentioned under d.
2. The schools named in subsection 1(a,b,c) do not include gymnasiums for the purpose of this Decree.
3. In this Decree noise sensitive terrains are defined as:
a. terrains that belong to the buildings referred to in subsection 1(b), in so far as these have been intended or are used for the care provided in the buildings.
b. terrains for mobile homes
4. Contrary to section 1, subsection 1(g), the noise load due to a railway of schools and of institutions for pediatric day care is the day value of the equivalent noise level in dB(A).
Section 2a
If section 157 of the Act applies the County Aldermen may only apply sections 8, 9, 10 and 11 insofar the accumulated noise load resulting from the correction based on section 157, subsection 3, of the Act doesn't lead to unacceptable noise loads.
Section 3
1. There is a zone along every railway, the width of which, measured from the outermost rail, has been indicated on the map accompanying this Decree.
2. Should altered circumstances make it necessary, Our Minister can alter the zone width. Section 1, subsection 4 applies.
3. Our Minister can establish the width of the zone for a new railway.
Section 1, subsection 4 applies.
Section 4
1. In establishing or revising a local zoning plan that wholly or partially relates to lands belonging to a zone as defined in section 3, the values which by virtue of sections 7 through 11, subsections 1, 2, 5 and 6, are considered the highest allowable must be observed with respect to the noise load due to the railway along which the zone lies with respect to dwellings, to other noise sensitive buildings, or to noise sensitive terrains within that zone.
2. Contrary to the first section these higher allowable values are to be observed, insofar:
a. the County Aldermen have established such values with application of sections 8, 9, 10 or section 11 subsection 3, 5, or 6 in revising or establishing a local zoning plan or
b such values will be necessary as a consequence of the establishing or revising a local zoning plan which deviates from the draft plan and which values may reasonably be established by the County Aldermen by applying sections 8, 9, 10 or section 11 subsection 3, 5, or 6
3. The County Aldermen observe in their decision on the approval of a local zoning plan or a revision thereof that wholly or partially relates to lands belonging to a zone as defined in section 3, the values with respect to the noise load due to the railway along which the zone lies, which by virtue of sections 7 through 11, subsections 1, 2, 5 and 6, are considered the highest allowable with respect to dwellings, to other noise sensitive buildings, or to noise sensitive terrains within that zone.
4. Unless the establishment or revision of a local zoning plan as referred to in subsection 1 includes the modification of a railway, the provisions of subsection 1 do not apply with respect to the development included in the plan and to other noise sensitive objects that are already present or are being built at that moment if the railway already exists or is under construction at the moment of establishment or revision.
Section 4a
1. When taking a decision as meant in section 19 of the Physical Planning Act that wholly or partially relates to lands belonging to a zone as meant in section 3, the values which by virtue of sections 7 through 11, subsections 1, 2, 3, 5 and 6, are considered the highest allowable must be observed with respect to the noise load due to the railway along which the zone lies with respect to dwellings, to other noise sensitive buildings, or to noise sensitive terrains within that zone.
2. The County Aldermen when deciding on a declaration of nihil obstat relating to the decision as meant in subsection 1, observe the contents os subsection 1.
Section 5
In preparing the establishment or revision of a local zoning plan as referred to in section 4, the Municipal Executive files an acoustic report with respect to:
a. the noise load due to the railway that would be experienced by dwellings, by other noise sensitive buildings or by noise sensitive terrains within the zone in the absence of measures that limit the noise transfer;
b. the effectiveness of the measures considered in preventing the future noise load due to the railway of the objects named under (a) from exceeding the values that by virtue of sections 7 through 11 are considered highest allowable.
Section 6
1. A decision governing establishment or revision of a local zoning plan as referred to in section 4 or a decision as meant in section 4a, is first made after the inspector has reported on the subject, or after two months have passed since the Municipal Executive gave him the opportunity to bring out such a report.
2. The inspector is notified of the decision as quickly as possible.
2 Highest allowable noise load in zones
Section 7
1. With the exception of the provisions in sections 8 and 11, the highest allowable noise load due to a railway of the external separation construction of dwellings within that railways zone is 60 dB(A).
2. With the exception of the provisions in sections 9 and 11, the highest allowable noise load due to a railway of the external separation constructions of the categories of noise sensitive buildings named in section 2, subsection 1(a) through 1(e) within that railways zone is 55 dB(A).
3. With the exception of the provisions in sections 10 and 11, the highest allowable noise load due to a railway at the boundary of noise sensitive terrains lying within that railways zone is 60 dB(A).
Section 8
1. The County Aldermen can, at the request of those designated in section 14, establish a higher value than the value named in section 7, subsection 1 for the highest allowable noise load due to a railway, on the understanding that this value may not exceed 73 dB(A).
2. The County Aldermen can only apply subsection 1 in cases where application of measures aimed at reducing the noise load due to the railway of the external separation constructions of the concerned dwellings tot 60 dB(A) will be insufficiently effective or will meet with preponderant objections of a municipal planning, traffic planning, landscape or financial nature.
3 The second subsection only applies in those cases
wherein:
a. not yet projected or projected dwellings which
1st. are situated in the vicinity of a station or stop,
2nd. are diffusely situated outside a buildup area,
3rd. are urgently needed in that place due to reasons of land or firm dependence,
4th. are situated in that place to replace existing development,
5th. are included in a city or town renewal plan,
6th. through the site or construction form chosen will fulfill an efficient acoustical screening function for other dwellings- in number at least half the number of dwellings that have the screening function- or for other noise sensitive buildings or for noise sensitive terrains, or
7th. through the site chosen fill in an open place between existing development, or
b. a railway not yet projected, projected or to be modified, in so far as this railway will fulfill a necessary traffic and transport function, with the exception of the provisions in section 11.
4. In applying subsections 1 and 2 with respect to not yet projected dwellings, the County Aldermen can only establish a value higher than 60 dB(A) as the highest allowable noise load if, in their judgement, it has been sufficiently ensured that the living- and bedrooms inside the dwelling, as well as outside spaces belonging to the dwelling, shall not be situated on the external separation construction where the highest noise load occurs.
5. Subsection 4 doesn't apply if, at the judgement of the County Aldermen this is opposing interests of housing or municipal planning.
Section 9
1. The County Aldermen can, at the request of those designated in section 15, establish a higher value than the value named in section 7, subsection 2 for the highest allowable noise load due to a railway of buildings belonging to the categories named in section 2, subsection 1(a) and (b), on the understanding that this value may not exceed 73 dB(A).
2. The County Aldermen can only apply subsection 1 in cases where the application of measures aimed at reducing the noise load due to the railway of the external separation constructions of the concerned buildings tot 55 dB(A) will be insufficiently effective or will meet with preponderant objections of a municipal planning, traffic planning, landscape or financial nature.
Section 10
1. The County Aldermen can, at the request of those designated in section 14, establish a higher value than the value named in section 7, subsection 4 for the highest allowable noise load due to a railway at the boundary of noise sensitive terrains, on the understanding that this value may not exceed 65 dB(A) in the case of mobile homes and 68 dB(A) in all other cases.
2. The County Aldermen can only apply subsection 1 in those cases where the application of measures aimed at reducing the noise load due to the railway at the boundary of the concerned terrain to 60 dB(A) will be insufficiently effective or will meet with preponderant objections of a municipal planning, traffic planning, landscape or financial nature.
1. In the event that, with respect to existing dwellings or dwellings under construction to which section 8 and subsection 3 of this section have been applied, a start is made with modification of a railway and the existing noise load at the moment that a start is made with that modification is lower than the established higher value, the highest allowable noise load due to the railway of the external separation construction of those dwellings is the existing noise load at that time, on the understanding that a noise load for which the value does not exceed 60 dB(A) in any case continues to be considered allowable.
2. In the event that, with respect to existing dwellings or dwellings under construction to which section 8 and subsection 3 of this section have not been applied, a start is made whit modification of a railway, the highest allowable noise load due to the railway of the external separation construction of those dwellings is the lowest of the following values, on the understanding that a noise load for which the value does not exceed 60 dB(A) in any case continues to be considered allowable:
a. the noise load at the moment that this Decree enters into force;
b. the noise load at the moment that a start is made with the modification.
3. The County Aldermen can, at the request of those designated in section 14, establish a higher value than the value then applying to those dwellings for the highest allowable noise load due to a railway of the external separation constructions of existing dwellings and dwellings under construction within the zone at the moment that a modification is started, on the understanding that this value may not exceed 73 dB(A)
4. The County Aldermen can only apply subsection 3 in those cases where the application of measures aimed at reducing the noise load due to a railway of the external separation construction of the concerned dwellings to the highest allowable noise load pursuant to subsection 1 or subsection 2 will be insufficiently effective or will meet with preponderant objections of a municipal planning, traffic planning, landscape or financial nature.
5. The provisions in subsections 1 through 4 apply mutatis mutandis to buildings belonging to the category referred to in section 2, subsection 1(a) or (b), on the understanding that in place of the value of 60 dB(A) named in subsections 1 and 2, 55 dB(A) shall be read.
6. The provisions in subsections 1 through 4 apply mutatis mutandis to the boundary of noise sensitive terrains, on the understanding that in stead of the value of 73 dB(A) in subsection 3, the value named in section 10, subsection 1 will be read.
Section 12
1. The validity of a value established through application of sections 8 through 11 can be subject to conditions.
2. A decree, governing a decision on a request as referred to in sections 8 through 11, is first made after the inspector has reported on the subject or after one month has passed since he was given the opportunity to report on the subject.
3 Indoor values
1. If, through application of section 8 or section 11 a higher noise load than 60 dB(A) has been considered allowable for the external separation constructions of one or more dwellings, the Municipal Council will institute noise aversion measures at those external separation constructions to further that the noise load due to the railway will not exceed 37 dB(A) inside the dwelling when the windows are closed.
2. If, through application of section 11, a higher noise load than 60 dB(A) has been considered allowable for the external separation constructions of one or more dwellings under construction or present within the zone and the noise load when this Decree enters into force is higher than 65 dB(A), then, in deviation from subsection 1, the Municipal Council will institute noise aversion measures at those external separation constructions, to further that the noise load due to the railway will not exceed 40 dB(A) inside the dwelling when the windows are closed.
3. If, through application of sections 9 or 11 a higher noise load than 55 dB(A) has been considered allowable for the external separation constructions of one or more existing buildings or buildings under construction, as referred to in section 2, subsections 1(a) and (b), the Municipal Council will institute noise aversion measures at those external separation constructions to further than the noise load due to the railway when the windows are closed
a. will not exceed 30 dB(A) inside the noise sensitive spaces named in section 10, subsection 2(a) of the Decree Limit Values within Zones along Roadways (Staatsblad 1981, 688),
b. will not exceed 35 dB(A) inside the noise sensitive spaces named in section 10, subsection 2(b) of the Decree named in (a).
Section 14
A request as referred to in sections 8 through 11 can be made by:
a. the Municipal Executive of the municipality in which the dwellings, the other noise sensitive buildings or the noise sensitive terrains for which the higher value is being requested are or are being located;
b. the Municipal Executive of the municipality in which the railway is or is being located with respect to which the higher value is being requested;
c. the railway operator, if the construction or modification of a railway is concerned.
Section 15
1. The applicant in each case announces his intention to submit a request as simultaneously as possible through:
a. notification in one or more daily, news, or house-to-house papers that are distributed in the municipality referred to in section 14, subsection 1(a) and, further, the manner that in that municipality is usual;
b. making the draft of the request and the documents forming part of it available fr public inspection at the town or city hall of the municipality referred to in section 14, subsection 1(a);
c. notifying ex officio the users of the dwellings, the school boards and the boards of the other buildings referred to in section 4, subsection 2(a) for which the higher value is being requested.
2. During one month from the day that the draft of the request is made available for public enquiry, the applicant gives all persons the opportunity to read the draft and the documents forming part of it and to submit written comments regarding the draft.
3. If the request is connected with the application of section 19 of the Physical Planning Act, the draft request the period of public enquiry may be reduced to two weeks, in deviation of sub section 2.
4. The Municipal Executive of the municipality referred to in section 14, subsection 1(a) can, if invited by an applicant as referred to in section 14, subsection 1(b) or (c), apply subsection 1 or 2 in place of this.
Section 16
1. The request and the draft of the request contain at least:
a. the requested higher values;
b. the reasons underlying the request;
c. the results of the acoustic research referred to in section 5 or section 20;
d. a description of the possibilities for reducing the noise load of the dwellings, the other noise sensitive buildings, or the noise sensitive terrains to a value lower than that referred to in (a), as well as an estimate of the extra costs of doing so;
e. a description of the nature of the measures as referred to in section 14, which have to be instituted if the request is granted as well as an estimate of their costs;
f. a description with a sketch or an explanation regarding the way in which section 8, subsection 3 will be complied with, or if this is not the case, the motives;
g in so far as the request gives cause, a description, sketch and implementation plan of the noise sensitive buildings or noise sensitive terrains, if these provisions are required to ensure the value in the request.
2. The request is accompanied by one or more maps with the necessary explanation. Section 16 of the Decree on Physical Planning (Staatsblad 1985, 627) applies mutatis mutandis with regard to this (these) map(s), on the understanding that "request" is read each time in place of "plan". The map or maps also present the location of noise zones around roads, industrial sites and aviation fields as referred to in section 25, subsection 2 of the Aviation Act (Staatsblad 1958, 47) as well as the quiet regions appearing in those zones, in so far as the dwellings, other noise sensitive buildings or noise sensitive terrains to which the request refers are or are being situated within such zones.
3. The County Aldermen may require further explanation, drawings and maps from the applicant if they deem these necessary for judging the request.
4. If the request is made in connection with the preparation of a local zoning plan that must be elaborated or can be modified with application of section 11 of the Physical Planning Act (Staatsblad 1962, 286), the County Aldermen can take the request under consideration if subsection 1(f) or subsection 2 has not been complied with.
Section 17
Simultaneously with the submission of his request, the applicant sends a copy of the request and the documents forming part of it to:
a. the inspector;
b. the Inspector for Public Housing;
c. those entitled to make a request referred to in section 14 who have not made the request;
d. the Chief National Traffic Inspector, Chief of the concerned district of the National Traffic Inspectorate.
Section 18
1. The County Aldermen subscribe the receipt date of the request on the document with which the request has been submitted and send the applicant a proof of receipt on which that date is mentioned.
2. The County Aldermen decide on the request within three months from the date referred to in subsection 1, send their decision to the applicant without delay and send a copy to the persons referred to in section 17.
3. If section 4, subsection 2, under b, applies the request will have to be filed with the County Aldermen within a month after the date of the decision of the municipal council. In deviation of sub section 2 the County Aldermen will decide upon the request as meant in the first full phrase before they decide on the local zoning plan.
4 A request is taken to be approved if the County Aldermen
a. don't decide within the term as meant in sub section 2, or
b. if subsection 3 applies: not at last together with decision on the local zoning plan
5. A request is taken to be denied if the request has not been filed within the term as meant in subsection 3 and the County Aldermen have not taken a decision as meant the second part of sub section 3.
Section 19
If dwellings, other noise sensitive buildings or noise sensitive terrains are present, being built or projected within the present or future zone, construction or modification of a railway other than on the basis of a local zoning plan that has been established or revised according to sections 4
through 6 can only be started if in accordance with an irreversible decision of the Municipal Council on the basis of section 21, subsection 1, which decision has been made acting on the notification of a railway operator to the Municipal Executive of his plan and after research in accordance with section 20 has been performed.
Section 20
1. The railway operator institutes an acoustic research in the zone with the scope described in section 5.
2. The railway operator hands over the results of the instituted research to the Municipal Executive together with a description of the measures which in his judgement are necessary to attain the goal described in section 21.
Section 21
1. Within six months after the results of the research referred to in section 19 have been obtained, the Municipal Council makes a decision as referred to in section 19, determining the measures that are necessary to prevent the noise that the railway will cause within the zone from exceeding the values that by virtue of sections 7 through 11 are considered the highest allowable.
2. The decision is first made after the inspector has reported on the subject or two months after the Municipal Executive has given him the opportunity to report on the subject.
3. A copy of the decision is sent to the railway operator and to the inspector.
section 22. [dropped per 1-3-1993]
Chapter 7. Way of implementing acoustic research
Section 23
1. In order to compute the noise load due to a railway, Our Minister establishes rules for determining the equivalent noise level, containing the way in which and in observance of which existing or expected circumstances the various levels of the noise occurring at that place will be established and the way in which an average will be derived from the results obtained over a determined period.
2. Our Minister establishes rules regarding everything relating to the way in which the acoustic researches referred to in this Decree are carried out.
Section 24
1. In constructing or replacing a railway or a section of a railway, the railway operator must, in so far as the provisions in Chapters 3, 4 and 5 are not applicable to this, take care that the noise emission due to the new track construction does not become higher than that from a similar railway constructed with rails welded end-to-end on wooden ties.
2. At the request of the railway operator, Our Minister in agreement with Our Minister of Transport and Public Works may grant exemption from that which is required in subsection 1, if application of that subsection meets with preponderant objections of a technical or financial nature.
[Sections 25 through 27: dropped per 1-3-1993]
Section 28
From January 1, 2000 on the phrase in section 10, subsection 1, following the words "on the understanding that this value" will be read: "shall not exceed 65 dB(A)" and the value
- 60 dB(A) in section 7, subsection 1, section 8, subsection 2, and section 11, subsections 1 and 2, shall be read 57 dB(A).
- 73 dB(A) in the sections 8, subsection 1, 9, subsection 1, 11, subsection 3 and 22 shall be read 70 dB(A).
Section 28 a
1. During the period referred to in subsection 2, the applicant as meant in section 14 under a, b and c, holds a public meeting in which all persons are given the opportunity to comment on the draft of the request as meant in section 15.
2. The applicant draws up a report of the way in which the population has been involved in the effectuation of the request. That report includes in any case the minutes of the public meeting and copies of written comments on the draft of the request. Immediately after submitting the request, the applicant sends this report to all whose who have made comments at the public meeting with respect to the draft of the request.
3. The request as meant in section 14 is accompanied by the report meant in subsection 2.
4. This section applies as long as the municipal authority has not notified a public enquiry regulation on base of sections 151 and 297 of the Community Act.
Section 29
This Decree enters into force at the start of the fourth calendar month after the date of issue of the Staatsblad in which it is placed.
Section 30
This Decree may be cited at the "Noise Nuisance from Railways Decree".
The Minister of Housing, Physical
Planning and Environment
Go on to the explanatory memorandum.