The Council of State has nevertheless ruled in a protracted conflict over the construction of recreational accommodation in a renovated sheepfold in Wateren. That ruling went against the initiators.
Last August, the highest administrative court sent the bickering parties out of the courtroom with urgent advice to resolve the protracted conflict through joint consultation. That did not work and that is why the Council of State issued a ruling today.
The administrative judge thus makes a decision in favor of the municipality of Westerveld and to the detriment of the owners of the sheepfold. The central question in the conflict is whether the completely renovated sheepfold can still be seen as cultural-historically valuable and characteristic.
If that is the case, the owners can build recreational accommodation there without much hassle. If the building is no longer characteristic, this is only possible with a separate permit procedure.
The Council of State agrees with the municipality that the almost completely demolished old sheepfold and the new sheepfold built in its place can no longer be called characteristic.
The reason that the municipality of Westerveld gives permission to build recreational accommodations in old characteristic sheepfolds is to prevent them from being demolished. With these recreational accommodations, the owners can receive some income for the maintenance and continued existence of an old sheepfold.
This arrangement does not apply only if the old sheepfold is no longer there and is replaced by new construction. The municipal attorney indicated earlier during the lawsuit that things had already gone wrong earlier in the process. “It is true that there were consultations, but an official was shocked when it turned out that they had already started the demolition and new construction of the sheepfold. The breaking point was that they had already started work without a permit.”
The owners cannot simply rent out the new sheepfold for recreation.