The Council of State believes that the municipality of Noordenveld has rightly imposed a penalty on the gardening company Albert de Boer in Peize.
In a final ruling, the highest administrative court rejects De Boer’s appeal against the municipal penalty decision. With the penalty, the municipality wanted to put an end to the nuisance caused by De Boer’s business activities at the De Pol location. De Boer lives there and has his office.
Neighbor Heimink had a lot of trouble loading and unloading stones and gravel and handing out work orders verbally in the morning. Due to all the fuss, De Boer has now moved to the business park nearby and he only has a home and office next to the neighbor’s house.
The Council of State believes that the municipality rightly imposed a penalty on De Boer because he did things there that the zoning plan does not allow.
The Council also does not agree with De Boer that he has suffered so much damage as a result of the penalty affair that the municipality should have to compensate it. Compensation was therefore not awarded.
The Council of State also dismissed the appeal by neighbor Sonja Heimink. According to the neighbor, De Boer could still cause nuisance near his home and nothing would be done about handing out work orders.
According to the highest administrative court, the municipality’s penalty prohibits any loading and unloading activity for the landscaping company and work orders are no longer allowed to be shouted across the site. If De Boer does not comply with this, the penalty could increase to a maximum of 60,000 euros.