A group of residents around Vrije School De Stroeten in Noordbarge do not have to count on a parking ban in their streets. The court in Groningen dashed those hopes. The plaintiffs wanted to enforce the measure with the municipality of Emmen in order to combat the nuisance caused by tin on the roadside. In vain, as it now appears.
Local residents want the municipality to take a traffic decision to stop the nuisance. They have been raising the alarm at the town hall about this since the end of 2021.
There is chaos when picking up and taking children to school, they say. People are driving too fast, the roadsides are full of cars and safety is at risk. Now that there are plans to expand the school, they expect that the problems and insecurity will only increase.
Last year, the residents went to the objections committee, which ruled that the municipality had not sufficiently taken their interests into account. The municipality then decided to introduce one-way traffic. But that is not enough, according to local residents on Stroetweg, Huizingsbrinkweg and Ermerweg. They want the municipality to impose a parking ban in the vicinity of the school. But the municipality refuses this, and the matter is taken to court.
The municipality of Emmen argued in court that, in its opinion, a parking ban is not a good idea. There is a group of local residents who absolutely do not like a ban. Some residents of Noordbarge also park on the roadside themselves. Furthermore, a waterbed effect is feared, with the nuisance moving to other streets.
The municipality also relies on figures regarding traffic accidents. None have occurred in the past five years. In addition, the maximum speed in this part of Noordbarge has been reduced to 30 kilometers per hour.
Since there are plans to expand the school, consideration has been given to increasing the parking space at the school itself. The expectation is that the number of students will rise to 200. At the moment it is still 150. It is therefore still too early to continue with these plans. However, a permit has already been applied for.
The court agreed with the municipality’s argumentation. Yes, parking on the side of the road can cause inconvenience and irritation. But ultimately it offers no solution. A parking ban only applies to the street, not the verge. But, the judge ruled, the municipality of Emmen does indeed have an instrument on the basis of which it can enforce, with the general local ordinance (APV). Because that fact was not part of the case, the judge will not rule on it.
Jacob Habing, spokesperson on behalf of the residents, says that based on that statement the battle is not yet over. “We will submit a joint request to the municipality to take enforcement action.”
According to Habing, the judge’s position in that regard is crystal clear. “The judge pointed out to the municipality that the APV clearly states that parking is not allowed on the roadside. Why is no action being taken? The municipality had no clear answer to that at the time.”
The aggrieved residents have now driven posts into the roadside to discourage parking. “A few months ago there were a few boas on my doorstep. The posts had to be removed, otherwise we could expect a fine.”
The posts are still there and the fines have not been issued so far. But according to Habing it is ironic that the municipality chooses to act in this case. “They will remain there for the time being. As a statement.”
The municipality points out in a written response that various measures have already been taken, such as the aforementioned reduction of the maximum speed and the introduction of one-way traffic. “Some nuisance to local residents cannot be prevented,” the municipality writes. “We understand that it can be experienced as annoying.” There is therefore no enforcement against parking. The municipality can do this when it comes to parking on green areas. But in specific cases it concerns roadsides and then you are free to park the car there.
The posts must be further removed because they can cause dangerous situations. “Local residents have been approached about this.”