The municipality of Midden-Drenthe is allowed to consider whether the insect and maggot nursery Wadudu is legally located on the Noordveen in Beilen for a few months longer. That has been decided by the Council of State.
The administrative court is considering whether the current zoning plan allows a company such as Wadudu. Another judge previously instructed Midden-Drenthe to explain this as soon as possible. According to the Council of State, more and more extensive research is needed for this.
This decision does not result in any additional disadvantage for Wadudu’s now relocated neighbor. He wants to file a hefty claim with the municipality. Luuk Oosting and his wife have moved, while the nursery has opened a new location for the production of maggots and insects in Hoogersmilde.
Oosting previously said that he and his wife suffered a lot of material and immaterial damage. “We were forced to move, because my wife and I could no longer handle the stench and other nuisance. But if I had known that Wadudu would transfer the production of maggots and insects to Hoogersmilde, I would never have moved. Because of all the misery I had suffered for five years I’ve had a long experience with the company, I’ve had to sell my house far below its value. It’s a lot of money.”
Oosting then made it clear that he would prefer to meet with the municipality of Midden-Drenthe as soon as possible in order to be able to discuss reasonable compensation. In any case, the Council of State does not want to cut a knot in the conflict between the municipality, Wadudu and Oosting. That only happens after the bottom case and the bottom decision. Until then, Oosting has to be patient with the judge.
According to the municipality, Oosting no longer has any legal interest in the lingering issue about Wadudu’s permit. The court ordered the municipality to further investigate whether Wadudu may have produced more insects and maggots in recent years than was allowed. According to the court, Oosting still has an interest in bringing proceedings, because he wants to start a damage case. Midden-Drenthe does not want to conduct any further investigation and asked the Council of State to suspend the court decision.
The Council of State emphasized today that it is in both the interests of Oosting and Wadudu that the municipality hastened an additional investigation. “And if the municipality believes that it has already done enough research, it can also quickly lay it down in a new decision,” said the judge.