Port of Den Helder allocates industrial land based on its Land Allocation Policy, prioritizing offshore energy and port-related businesses. Decisions consider alignment with the port’s vision, optimal space use, regional economic value, and legal compliance. Customer needs determine the location and type of allocation (lease, erfpacht, or sale). Final approvals are made by the Management Board in line with Dutch law and PoDH’s terms.
For the purpose of allocating land positions, Port of Den Helder (hereinafter: PoDH) has established a Land Allocation Policy (Gronduitgiftebeleid). This policy serves as the basis for the commercial department to engage with interested parties.
The key principles that PoDH applies when allocating land positions are described below. The objectives of the NV (Naamloze Vennootschap) form the foundation for commercial efforts and decision-making regarding the terms and conditions of the land allocations. In making these considerations, the following factors are taken into account:
Alignment with the development vision of PoDH;
Optimal use of space;
Optimal integration of the allocation within the surrounding area;
Financial return (short-term vs. long-term);
Economic added value for the region;
Compliance with spatial planning legislation, including the applicable zoning plan (bestemmingsplan).
PoDH considers the offshore energy sector (broadly defined) and port-related businesses as the primary market for the allocation of industrial land. Marketing activities are primarily focused on the offshore energy sector, which is undergoing a sustainability transition, encompassing oil & gas, wind, and hydrogen. Commercial activities primarily target these sectors, also considering that such activities may generate additional ship movements.
When identifying a location within our industrial sites, the above factors are decisive. Customer requirements are assessed first. Subsequently, the most suitable location is determined for the intended business activities, taking into account the necessary (direct) relationship with the port. Next, the form of allocation is decided (lease/rental, erfpacht, or sale), as well as the applicable allocation terms and conditions.
Final decision-making rests with the Management Board.
Our General Terms and Conditions also apply to the allocation:
For lease and erfpacht: Algemene bepalingen gebruiksrechten 2013
For sale: Algemene voorwaarden verkoop gronden NV PoDH 2014
All allocations are made in compliance with the requirements of the Didam-arrest (Hoge Raad, 26 November 2021).
Note: This is an English translation for convenience. In all cases, Dutch law (Nederlands recht) applies.
(ECLI:NL:HR:2021:1778))
The Didam-arrest is a 2021 ruling by the Dutch Supreme Court (Hoge Raad) regarding the sale or allocation of government-owned land and property. The ruling states that public authorities must offer equal opportunities to all interested parties. This means that the allocation or sale of land must follow a transparent and objective procedure, allowing everyone a fair chance to participate.
There is one exception: if it is clear in advance that there is only one serious candidate, a one-on-one transaction is allowed. This intention must still be published so that others are informed.
The Didam-arrest applies to land allocation and sales by public authorities to ensure fairness, transparency, and equal treatment.
When PoDH sells land, we first publish on our website information about the purchasing company, as required by the Didam-arrest. This ensures transparency and equal opportunities for all interested parties.
