The permit for the construction of a supermarket in the Ter Borch district in Tynaarlo will remain in effect for the time being. The Council of State sees no reason to dismiss the permit in the interim.
A month ago, opponents of the supermarket reported to the Council. These were the entrepreneurial collective EP Zakelijk and about sixty people living in the vicinity of the planned supermarket site. They wanted both the permit and the zoning plan to be suspended. Then it would not be possible to build until the longer substantive procedure has been completed.
But the Council of State does not believe that the plans will fail in a substantive procedure. All objections have been weighed up by the Board and found to be too light. According to the objectors, there was no room for a larger supermarket. But the Council of State says in the interlocutory judgment that it is not a question of whether there are enough customers for the new supermarket, but whether there will be too much vacancy in other places. The Board does not expect this on the basis of previous investigations.
Due to the verdict in the emergency procedure, the construction of the supermarket can be started, where project developer Bun has already indicated that he wants to build in October. The company does not want to wait for the outcome of the proceedings on the merits, because construction costs are rising in the meantime.
According to the plans, a supermarket with a floor space of two to three thousand square meters will be built in Ter Borch. The plans have a long history, which was accompanied by much discussion. The municipality of Tynaarlo was initially in favor of the plan, but later became an opponent, only to be in favor again. That happened last year, when the municipality was called back by the Council of State. The highest administrative judge wanted Tynaarlo to make new considerations.
The municipality made this, and that resulted in a new zoning plan and a permit. For now, they remain.