Although rail cycling on a narrow gauge track through the Holtingerveld stopped four years ago, the anger of a local resident has still not disappeared. In the courtroom of the Council of State today, a local resident again faced the municipality of Westerveld in an appeal.
The now removed narrow-gauge railway ran close to his home, much to the man’s dissatisfaction. The municipality had granted a permit for this at the time. However, later the pivot point where the bicycle carts could turn was moved without permission. According to the local resident, this created an illegal situation.
For the new turning point, a foundation was dug up to a meter deep, without a permit and without archaeological research. The man raised the alarm with the municipality about this, but his request for enforcement was rejected.
According to his legal advisor, frustration then ran high. When rail cycling continued, the man allegedly hindered its use. The situation escalated, after which the judge imposed a restraining order on him, coupled with a penalty.
“If the municipality had enforced it, he would not have gone to the turning point to seek redress,” said the advisor.
In the spring of 2022, the man filed an appeal against the rejection of his enforcement request. There was no response for a long time. A decision was not made until January 2023: the objection was declared inadmissible because, according to the municipality, there was no longer any interest. The rail cycle path had now disappeared and the situation was resolved.
The local resident is not satisfied with this. “This cost him four years of his life,” says his advisor.
The case was brought before the court in Groningen in February 2024 and was heard today by the Council of State.
According to the man, he still has an interest in the case. For example, he had to incur legal costs in a civil procedure surrounding the imposed area ban. In addition, according to him, the dirt road to his home was never repaired after the turning point was removed.
“The drainage has been disrupted and large potholes have appeared, making the road barely passable,” says his advisor. The GP is also said to have indicated that the now elderly man is therefore difficult to reach.
The Council of State will soon make a ruling and decide whether the municipality of Westerveld can definitively close the matter.
