An eighty-something from Uffelte is no longer allowed by the judge near the rail bicycle track, near his home. The man is angry at that attraction and is constantly raising a quarrel with employees and guests. The judge imposed an area and contact ban on the man for the 2022 and 2023 seasons.
De Uffelter has lived close to the Holtingerveld nature reserve since 1974. He was a fierce opponent of the plans of Butterfly Paradise Papiliorama to build a narrow-gauge railway for bicycles across the nature reserve. Despite the objections of the Uffelter, the municipality of Westerveld granted the permit in May 2017.
The narrow-gauge track is 2.6 kilometers long and goes right through the nature reserve. The visitor can view the sights in the Holtingerveld from the rail bike. At the end of the route is a turntable, through which the rail bike is turned and the route is cycled back. This turntable is located 15 to 20 meters from the home of the Uffelter.
The man is angry because this attraction disturbs nature and leads to noise pollution. As a result, he cannot keep horses, because these are very sensitive animals to noise. The man does not feel heard and keeps coming to the platform to curse, raise his finger or address guests.
The man sometimes stands with his cane in hand looking at the guests and once let a tractor idle at the plateau. The man has been approached several times about this behavior and a film was made of this in 2021. That video was discussed with a local police officer, a municipal official and with the man.
After the conversation, the man continued with this inappropriate behavior. The conduct is not punishable, but it is a nuisance, according to the judge. At the beginning of 2022, the turntable was moved to a location that is 10 to 12 meters away from the residential area of the Uffelter. The man received a letter asking him to stop his misconduct. He refused to sign it.
The judge sees no indications that the permit was wrongly granted by the municipality. The complainant was also unable to substantiate that the route caused nuisance. According to the judge, the man is free to make a complaint, but for that he must go through the legal or administrative path. The man’s indecent behavior has been going on for several years and goes against all standards of decency.
The man makes the life of the employees of the Butterfly Paradise so sour that a contact and area ban is necessary in this case. The ban applies to five 20-minute moments per day. In addition, the man can go where he wants. Nor may he hinder work on the narrow-gauge track. Each violation is subject to a fine of 2,500 euros per day, up to a maximum of 25,000 euros.