environmental code
The Overijssel Environmental Ordinance only allows new construction in the green open countryside if more old buildings are being demolished elsewhere than being rebuilt. In addition, lost greenery and nature must be compensated. And that’s where it goes wrong in this case.
Initially, the municipality of Staphorst reported that with the demolition of Kiekebos’ old industrial buildings on the Westerstouwe, more building space would disappear than would be created. Later, the municipality came back to this and it seems that more buildings will be added. In addition, Kiekebos’ villa will be located on a meadow where nothing once stood.
According to the Council of State, the province of Overijssel should have assessed the construction plan for the villa on the Kastanjelaan separately for that reason alone on the profit or damage to nature and the open landscape. That did not happen, so the highest administrative court sees a major problem.
Possible new review
Later next year, the Council of State will deal with the case on the merits and the issue will be discussed in more detail. It is possible that Staphorst will knock on Overijssel’s door for a new assessment. There also seems to be a chance that the construction of Kiekebos’ house cannot be built in the bend of the Kastanjelaan if Overijssel strictly applies its own Regulation.