Construction of the controversial residential tower on the Driftweg in Naarden may not start for the time being. The court rules that. According to the judge, the building plan is in conflict with the zoning plan, so the municipality of Gooise Meren must look at it again.
The residential tower, which is to be built on the border of Naarden and Huizen, has become a major divisive issue in the region over the years. The municipality of Gooise Meren has granted a permit for construction in the nature reserve in Naarden, but this means that the complex with 17 apartments of 35 meters high will be located in the backyard of many Huizers.
In addition to local residents, the council of Huizen, the council of Provincial Executive of the province of North Holland and the Gooise nature conservationists are also against the arrival of the ‘green barbapapa’, as the tower is now called by opponents.
After years of political discussion, consultation evenings, objections and litigation, no fewer than 10 different parties were present at the end of December against each other last year in the court in Utrecht.
Gutter height and construction road
The court now rules in favor of the claimants. For example, the judge finds that the then municipality of Naarden included more building options in the zoning plan than was actually intended. The fact that the municipal council of the current Gooise Meren interpreted this as a green light at the time is therefore unjustified, according to the court.
The court did state that high-rise buildings are permitted, but not as the residential tower currently looks. For example, the court refers to the gutter height. A total of nine of the eleven floors are located in the sloping roof; above 6.5 meters. These floors all have large balconies that drain a lot of rainwater. The court finds that those large balconies count when determining the gutter height. And therefore the height is much higher than the 6.5 meters that the zoning plan allows.
The court also ruled on the permit granted for the construction of the road from the Driftweg to the complex. The court also ruled that the application had not been properly assessed and that the municipality must better explain why that road would not affect the surrounding nature.
The municipality of Gooise Meren must now reconsider whether it wants to cooperate in a deviation from the zoning plan.