The judge has decided that all work on the mountain bike route must be stopped for the next six weeks and that the southern part of the route must be closed and impassable. The northern part can remain open. Meanwhile, there is an objection from NatuurAlert against the permit of the municipality of Westerveld for the construction of the route.
FietsZe race & mtbclub from Vledder is building a mountain bike route in Vledderveen. That route goes through a Natura 2000 area. NatuurAlert stated that numerous protected amphibians and reptiles are naturally present in the area, including the adder, the grass snake, the slow worm, the live-bearer lizard, the crested newt, the moor frog and the water frog. “In the view of the applicants, practice shows that these species are run over by mountain bikers.”
Province and judge have already ruled
The province of Drenthe previously decided that the work had to be stopped. That was because research must first be carried out to determine whether nature will be affected by the construction. The judge had already decided that earlier, and that no use may be made of the part that has already been constructed.
But that was still a preliminary ruling in December 2021. At that time, the judge’s preliminary assessment was that the decision to grant a permit for the route will not stand. Until there was more clarity, work was not allowed on the route. In the meantime, additional research has been carried out by an ecologist.
NatuurAlert is happy with the judge’s ruling yesterday. “Glad that the importance of nature and the landscape has been taken into account. Mountain biking is a great way of recreation. But it should not disturb nature.”
Both parties agree
The ecological report has shown that the construction and use of the existing route will affect the protected animals in the area in a “not negligible way.” According to the study, it cannot be ruled out that “the construction and use of the route could have a significant effect on protected habitats and species.”
NatuurAlert, the municipality of Westerveld and FietsThey agree that sealing off the parts that have already been constructed is important for the protection of the animal species in the area. The parties also agree not to build and use the southern part of the route any further.
Northern part of route remains open
The judge has allowed the northern part of the route to remain open. The investigation shows that the protected species are not located near this part of the mountain bike route. Part of this northern route has already been constructed and is now being used relatively intensively.
In December, NatuurAlert applied to the court for a penalty payment for the municipality of Westerveld. The organization found that the municipality did not intervene enough to prevent use of the route. “We also understand that you cannot maintain 24 hours a day with limited resources,” Hoekema now responds. “And certainly not on every meter.”
The judge comes to the same conclusion. Full enforcement encounters practical problems, the judge ruled. Because the parties have all cooperated in the investigation and agree on the documents, the judge will not impose a penalty this time.
A new court decision will follow in six weeks, because in the meantime the objection against the issue of the permit is still pending.