The municipality of Noordenveld must ensure that gardener Albert de Boer stops with business activities at his home address at De Pol in Peize. The plot is zoned residential and no business activities fit there. The judge has decided that.
The neighbors went to court for the third time at the end of September. The court previously ruled that the municipality may no longer cooperate in the conduct of business activities in that area. Last year in April, the judge ruled that De Boer demolished his silos and would no longer use the shovel at his home. This eliminated some of the complaints, but not all. The municipality of Noordenveld continues to tolerate certain activities.
As a result, the neighbors are still confronted with nuisance due to business activities, such as the arrival and departure and parking of company buses. The barn is used for the company. Loading and unloading and rubble is being dumped into the dumpster with a lot of noise, the neighbors said earlier at the hearing. According to the gardener, most of the complaints are not justified. According to him, there is no loading and unloading. And the buses are sometimes there, because the gardener also has an office at home.
The municipality had no objection to the office in the gardener’s home. “A few square meters and some files,” the municipal spokesperson told the judge. The office function does not cause any nuisance to local residents and is not a ground for enforcement in that regard, according to the spokesperson. The judge finds that the office function cannot be seen separately from the business activities and should not be allowed. The coming and going of the buses should also be over. ‘Living is the main function there and not ‘traffic’.
The municipality of Noordenveld must again consider the objections of the neighbors and come up with one new decision, in which this judgment is incorporated. During the court hearing, the gardener announced that he was busy transferring his company to a location on the Schipdijk in Peize.