The Council of State does not think it is necessary to come back to an earlier statement about a supermarket and store ban for the De Tweeling business park in Veenoord.
Today, the Council of State rejected the request of a store and real estate entrepreneur in a final decision to revise a ruling from last June. Last year the entrepreneur asked the highest administrative court to force the municipality of Emmen to give permission for the rental of its business premises on the De Tweeling industrial estate to a supermarket, or other type of store.
But Emmen does not want a retail trade on the industrial estate and certainly not a supermarket. The Council of State agreed with the municipality of Emmen last year in the ruling. The municipality would prefer supermarkets and shops in the city and village centers and not on business parks. These are intended for heavier environmental -nuisance companies.
But the store and real estate entrepreneur recently went to the highest administrative court again. According to the entrepreneur, the municipality measures two sizes when it comes to shops on business parks. After the ruling last June, Emmen gave permission to allow more retail trade on the Oude Meerdijk business park.
First of all, the Council of State notes that the municipality of Emmen had not yet made a concrete decision on the allowance of more stores on the Oude Meerdijk prior to the ruling last June. That decision followed a few months after the decision about the entrepreneur’s court case.
Furthermore, the Council of State industrial estate De Tweeling in Veenoord cannot be compared with Oude Meerdijk in Emmen, where the FC Emmen Stadium is located. The municipality may pursue a different store policy there than for industrial areas such as the twins. The store and real estate entrepreneur can rent out his property as a regular business premises, but not to a regular shopping or supermarket company.