There will be no provisional judgment of the court on the use of pesticides in the municipality of Westerveld. A coalition of four organizations that stand up for the interests of people and the environment, has withdrawn its emergency request from the court today.
Mobilization for the Environment, Measuring = knowing, Pan Nederland and the Nature Conservation Guard today stepped together to the preliminary relief judge in the hope of putting an end to the use of pesticides in the municipality of Westerveld. The means are unhealthy and their admission is incorrect, they say. They argue for more research into the possible harmful consequences.
Earlier they have already sent a so -called enforcement request to the municipality, which Westerveld subsequently rejected. The organizations state that a grower has a duty of care and the municipality must ensure that the entrepreneur is also carrying it out well. The municipality was therefore the counterparty in this summary proceedings.
There is an objection to the municipality against the rejection of the enforcement request. The interest groups also wanted to know urgently from the judge how he looks at the situation. It specifically involved fourteen plots in Westerveld with lilies and peonies.
However, the judge did not see the emergency interest of the case, it turned out today. He noted that the four organizations of him wanted a ‘principle judgment’, but that they are not at the right place for him. This is meant the multiple room.
The court’s proposal was therefore to withdraw this emergency case and now first to complete the objection procedure at the municipality. And if there is still a necessity to appeal, the multiple chamber will deal with that. That room consists of several judges and deals with more complex cases. The judge found room in the court agenda on January 15. All parties agreed.
“This is a good route to follow,” responds lawyer Max Haan on behalf of the four interest groups. He states that the case law often takes longer than a cultivation season and that environmental organizations and local residents therefore support the facts. The environmental organizations must now take that there is no clarity about the current cultivation season.
In January, for the new cultivation season, his fundamental wishes are heard. And Haan sees that as a profit. “Sometimes you have to wait 2.5 years in the multiple room, but the fact that we can go there so quickly was a reason to agree and abandon this emergency shop. We have to be patient, but then we will probably get a statement on all aspects.”
In the meantime, the objection against the rejection of the enforcement request is continuing at the municipality. The municipality of Westerveld has promised that a decision will be made before 1 November.
“We understand and respect the choice of the counterparty to withdraw its requirement,” responds alderman Renate den Hollander on behalf of the municipality of Westerveld. “It is a fundamental issue on which a balanced decision is needed. It is nice that all parties have drawn up.”