NETHERLANDS oOoNetherlands LEGAL — ORGANISATIONAL — FINANCIAL — ASPECTS OF PRESERVATION 1. Legislation 1.1 Laws: ‘Monuments and Historic Buildings Act: Monuments and Sites: In the Netherlands, features of special architectural or historic interestin town and country are protected under the provisions of the Monuments and Historic Buildings Act, which came into force in 1961. ‘Monuments’ are defined by the Act as follows: 4) all buildings or objects not less than filly years oldthat are oft benefit to the community as a whole on account of their beauty, scientific importance or ethnological value; 2) sites which are of benefit to the community as a whole because they contain buildings or objects referred to in 1 2) all buildings, objects and sites of benefit to the community a5 a whole because of the'r historical associations. ‘These monuments qualify for protection under Section 1 of, the Act Surroundings: The main emphasis of the Act is on the historic building or object itself and not on the wider context of the monument and its surroundings, In order lo preserve large historical sites, the Monuments and Historic Buildings Act contains provisions for the protection ol the environment important to monuments. Under the Aci. monuments and their surroundings are designated as conservation areas; these consist of paris of towns or villages which stil retain & distinct historical character. The Monuments and Historic Buildings Act defines a conservation area as “a group of immovables, i.e. trees, roads, streets and squares, bridges, canals waterways, ditches and other exoanses of waler which, in conjunction with a monument belonging to the group, make up an area of benefit fo the community as a Whole on account of its beauty or character.” After designation, the municipal authorities must draw up a local development plan within period of one year ~ sometimes extended to two. A conservation area may often be divided of the buildings init andits structure and different degrees of protection apply in different zones, Complementary Legislation: The Monuments and Historic Buildings Act is not the only pieoe of legislation which determines the future of monuments, sites and building or objects of historical interest, The Housing Act and the Town ‘and Country Planning Act are two important additional ‘pieces of legislation which directly or indirectly determine the fate of monuments. Conservation areas in towns and villages are not covered by the permits and penal regula- tions of the Monuments and Historie Buildings Act out are dealt with by the other two acts. Moreover, as has already been stated, local development plans have to be drawn up for every conservation area and these plans are a direct Consequence of the Town and Country Planning Act, which lays down the legal framework for various forms of land use planning: the regional development plan at provincial level and the structure plan end local development plan at local level. Local development plans are used to determine the ways in which given areas of a municipality are 10 be developed over a certain period; besides laying down the kind of development which is to take place, they establish a set of requlations for the use which may be made of the land and the bulidings on it, Local development pians are drawn Up by the local councils themselves which means that the practical aspects of protection are in the fist instance the responsiblity of the local authority There are in addition a number of more specific regulations supplementary to the Monuments and Historic Buildings ‘Act, which make it possible for problems arising from the application of the Act to be dealt with more effectively. The decree on financial aid for renovation (1971) is of major importance when all or part of a town centre or a village centre is to be designated as a conservation area. provides for government grants towards the restoration of premises situated in a designated conservation area, even though the premises themselves are not protected under the Monuments and Historic Buildings Act. The object ofthis aarrangernent is to provide municipaiities with conservation areas with more financial assistance for the maintenance of these areas. Municipalities wishing to take advantage ofthis arrangement must draw up a renovation plan for the area in question, specilying all premises they wish tohave restored or improved. Another piece of legislation of major importance for monu- ‘ments and groups of historic buildings in town centres isthe Urban Renewal Act, whic is expected to come into force in about the middle of 1977. Many of the plans for town centres have been made in anticipation of the new law under which local authorities will be able to designate urban renewal areas, thal is areas where a more integrated form of urban renewal will take place than one which merely approaches the problem from the point of view of town planning. This means paying considerable attention to economic. social and cultural problems, Animportant aspect is the fact thal the new Act provides for ‘substantial state aid, which will enable the process of urban renewal o be accelerated. However, it would be wrong not to point out the negative effects on monuments of some of these statutory measures such as the decree on contribu- tions towards reconstruction and urban clearance plans, known as the 80% scheme, under which the State contri- butes 80% towards the purchase of premises designated for demolition in slum clearance areas. This hes been responsible for the demoition of numerous premises with historical associations which according to modern thinking, could well have been restored. 1.2 Monuments and Historic Buildings Act: categories Objects: The Monuments and Historic Buildings Act specities three main categories 4} large category of objects and sites which are valuable ‘as monuments, 2}.a smaller category of objects. and sites that quality for protection, and an3) the smallest category of monuments which are actually protected. ‘These distinctions reflect the selection procedure between the initial registration of a large number of objects and sites and the eventual isting of a smaller number of monuments ina statutory register. The present situation is as follows: Monuments as per 1 October 1975 Government buildings 625 Fortifications 608 Church buildings 2237 Church buildings listed because Of part of the building ran objectinit 437 Buildings and dwellings 27994 Buildings and dwellings listed because of a specific feature, .9. gable, coachhouse, archway 378 Charitable institutions, 6.9. opphanages, almshouses 339 Agricultural buildings, e.g. farmhouses 4859 Mills 1038 Roadworksor waterworks, e.g. sluices 289 Catering establishments, e.g. inns 137 Castles 262 Separate objects (not included in the above), 2.9, posts, sundials, arches, boulders 813 Total 40012 Source: Central Statistical Office. The smaller monuments, that is dwelings, form the largest single protected category, bul, relatively speaking, the highest number of complete restorations have been carried out on larger monuments of cultural and histoncal import- ance. Although theoretically all listed monuments enjoy equal protection, until recently thorough repairs and resto- raion were carried out mainly on these larger monuments. In the last few years the restoration of dwellings has also received considerable attention. The statutory protection of ‘monuments listed undor the Monuments and Historic Build- ings Act does not vary according to the nature of the ‘monument as all monuments enjoy equal protection, under Section 14 of the Monuments and Historic Buildings Act. The great problem with statutory protection isin enforcing it, By far the majority of offences are likely to escape notice: first because some are committed inside the monument and second because the authorities in this case the Depart- ment for the Preservation of Monuments and Historic Builgings ~simply do not have the manpower to investigate offences. Even if person is convicted, the penalty s often insufficiently severe to act as a deterrent to others, Effective protection of monuments and historic buildings depends in the first place on the attitude adopted by the relevant local authorities. The onus is on the local authorities to see that conservation areas within their terri- tory receive the protection they deserve. The local develop- ment plan they draw up should therefore be accompanied bya large number of regulations specifying how the specific character of the area is to be preserved and itis then the responsibility of the local authorities to see thal these regulations are observed, 272 Surroundings/Zones: A monument’s immediate surround- ings fal in tact outside the law, there being scarcely any relerence to them in the Monuments and Historic Buildings Act. How far a monument remains in surroundings more or less in keeping with it depends on the local town planning and building regulations and on development plans, if any. ‘A number of development plans for parts of town centres or for villages contain town planning provisions which could operate both to the advantage and to the detriment of monuments and historic buildings. The surroundings of a ‘monument can only be protected ifthey are designated asa. conservation area by means of a local development plan which the municipality concerned is obliged to draw up. The plan is not approved by the provincial and national authorities untilthe opinion of the highest advisory bod. the Monuments and Historic Buildings Council, has been heard, Separate mention should be made of those features of 2 conservation area which are regarded as essential to the ‘whole because they determine the appearance of a particu- lar scene. Such objects are not always monuments accord- ing to the law, but are included in renovation plans for ‘conservation areas in a separate category of buildings and objects qualitying for protection. Funds are allotted for their improvement or restoration just as they are for official monuments, 1.3 Procedures Monuments become protected when they are listed in the monumenis register. The Monuments and Histonc Bui ings Act lays down that such a register shall be kept of monuments protected by the State. Its the duty of the Monumenis and Historic Bullings Council set up under tne Monumenis and Historic Buildings Act ~ assisted in iis preparatory work by the Department forthe Preservation of Monuments and Historic Buildings —to draw up a listo the monuments, which in the view of the Council quality for protection, fOr every municipality containing monuments ‘The Monuments and Historic Buildings Council is the leading consultative and advisory body under the Monu- ments and Historic Buildings Act. In 1908, the first register known as the Provisional st of Dutch Historical and Atistic Monuments was begun. This Provisional List has since bbeen used as an important starting point by local authorities drawing up their lists for the Monuments. and Historic Buildings Council. The draft register was completed in 1969. The procedure for drawing up the lists which together form the register is as follows, In the preparatory stages, the services of the Department for the Preservation of Monuments and Historic Bulidings are enlisted. The list drawn up by the Monuments and Historic Buildings Counciis sent to the Minister for Cultural Aflairs, Recreation and Social Work who then sends itto the Provincial Executive and the municipalities concerned. The draft submited to the local authorities contains a list of premises within their territory which are considered worthy of protection. ‘At the same time, the owner and any other persons with rights in respect of the property are sent notice by registered letter that their premises have been provisionally listed. ‘They can make their views known to the Minister for Cultural ‘Atfairs, Recreation and Social Work. From that moment the listed promises are temporarily protected for a maximum of wo years, After the Provincial Executive , local authorities