Ans Kikkert has been selling her ice creams for fifteen years in the same place on the Jan Ayeslag, on the edge of the forest in Den Hoorn. But now she seems to be losing her permanent place. Neighbors had gone to court for nuisance. The judge now finds that the municipality of Texel has not properly substantiated the permit. And as a result, the fate of the ice cream truck, despite Texel activists, is still uncertain.
For years, Ans Kikkert, still without a permit, sold the summer refreshment on the corner of Jan Ayeslag and Rommelpot in Den Hoorn with her ice cream truck ‘IJs van Ans’. When local residents complained to the municipality – and asked to act, the municipality asked Ans if she wanted to apply for a permit. Then she got it.
But the residents did not let it sit and objected to the permit. They indicated that the permit was not issued in accordance with the rules. For example, it would be in conflict with the zoning plan: because of the many seats and crowds around the ice cream truck, it would be unsafe there.
Meanwhile there was already started a petition to support Ans. The petitions with more than 1,600 signatures were sent to the municipality. And the municipality of Texel rejected the complaint from the local residents. She did acknowledge that the traffic situation was unsafe, but according to her that was not due to the ice cream truck but to the unsafe intersection. The council should do something about this.
Catering business
But the stocking was not over yet. The local residents went to court, who did agree with them in their objections. The judge sees the ice cream truck as a catering company, and that is not allowed. ‘The rules state that this is a company where, on a commercial basis, drinks and/or food are supplied for use on site. More than 30 seats have been created at the ice cream truck, where the ice cream can be eaten on the spot.’
The license for the ice cream truck is therefore withdrawn, and the municipality must also look again at the objection from local residents, because the ice cream truck no longer has a permit. The municipality of Texel must come up with a new decision within eight weeks.
Mourn
In the meantime, the online petition has been reopened: ‘It is regrettable that Ans, as an independent entrepreneur, is confronted with these stressful vicissitudes in the middle of the season’, writes the initiator of the petition. “For this reason, we are reopening the petition for signature.” We have now received almost 3,000 digital statements of support.