The construction of 18 room-to-room houses on Bornhemweg in Oudenbosch has been cancelled. The state board rejected the zoning plan after objections from a tree farmer and a landscaping company located next to the planned residential area. The municipal council in Halderberg did not take sufficient account of the business interests of gardener Blom in particular, according to the state council.
Tree farmer Richard van der Horst from Odenbosch and fellow gardener FC Blom went to the state council against the zoning plan in October. They said they were not opposed to housing development in Bornhemweg. But the homes Halderberg wants to build there, on a room-by-room basis, will be very close to his businesses. Businessmen are very concerned about the future of their company and fear trouble with the new residents. They may complain of noise from wood chippers, machinery and tractors.
The State Council agrees with the farmers. The Supreme Administrative Court believes that the municipality should have at least considered the consequences of housing construction for Bloom. Because his company was not taken into consideration, the entire zoning plan was taken off the table. Tree farmer Van der Horst is also right by the State Council, but on a different point. At the same time, Bloom said the zoning plan was approved in violation of county regulations. It stipulates that land plots are only permitted to be used as spatial locations in locations acceptable from a planning perspective. There is no doubt about that. Just look at Bloom's well-founded objections, says the Council of State.
During the October 2 hearing in The Hague, the judges tried to resolve the matter by building a noise barrier at the expense of the developer Ruimte voor Ruimte CV. The two sides talked about the matter for some time in the hallway but were unable to reach an agreement.
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