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[POLITICS] · Netherlands · 2 sources

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Court invalidates apartment building permit in Nieuwerkerk aan den IJssel

The District Court of The Hague has overturned a building permit granted by the Municipality of Zuidplas for the construction of 16 apartments in the Oude Dorp area of Nieuwerkerk aan den IJssel.

The court ruled that the municipality failed to correctly calculate the building height. According to the local zoning plan, the structure is permitted to reach a maximum height of 5 meters, but the current plans do not adhere to this limit.

Additionally, the court addressed a resident's objection regarding legal standing. While the municipality initially argued the neighbor was not an interested party due to his distance from the site and lack of direct view, the court disagreed. The judge noted that because the resident lacks private parking and the new residents will utilize public spaces, the neighbor is directly affected by the project.

Regarding parking concerns, the court largely sided with the municipality, finding that the proposed parking norms and the investigation of 184 public parking spaces within a 200-meter radius were sufficient.

Entities

Gemeente Zuidplas · Nieuwerkerk aan den IJssel · Rechtbank Den Haag