The municipality of Tynaarlo has rightly ordered a contractor to demolish and remove a few parking spaces at the gas station in 2021 along the N34 near Zuidlaren. According to the Council of State, nothing is wrong with the permit granted for this.
Stichting Platform Keelbos had objected to the demolition. According to the foundation, which stands up for the preservation of anonymous gay meeting places along fast and provincial roads, the parking spaces behind the gas station were a well-known and commonly used meeting place.
Earlier during the court case, the municipality strongly denied that the parking space was used by gays as an anonymous meeting place. Tynaarlo had no indication of that. Everything has since been removed, including the asphalt. There is now a lawn on that location.
According to Stichting Platform Keelbos, the municipality has granted a wrong permit that would have removed the public meeting place ‘illegally’. The Council of State does not agree. The permit granted allows the physical removal of the asphalt.
The Council does not comment on whether Tynaarlo should have taken a separate traffic decision for the lifting of the public parking space. That is a matter of enforcement based on the Road Traffic Act. For this, Stichting Platform Keelbos must report to the municipality again.