Misunderstanding about the silent felling of the old tree at the music school in Groningen. Is the municipality acting contrary to the law? “No, but you don’t have to do everything that is legally allowed. Certainly not as a government.”
It is allowed, says the municipality of Groningen about the cutting of the Japanese walnut tree that has stood in the courtyard of the music school in the city center of Groningen for many years. Ginkgo biloba is the official name of the nut tree that had to make way for the new construction of the Vrijdag Arts Center.
The saw went in on Thursday morning. The municipality did this without publicizing it and without informing the Bomenridders Foundation. He had filed a lawsuit against the felling of this tree. The judge still had to rule on it.
Wait a second. The matter is before the courts and yet the municipality is going ahead. Is that allowed?
The cap cannot be reversed
“Yes, legally that is allowed. But whether it is socially acceptable is another matter,” says administrative lawyer Anna Kwint of Forum Advocaten.
According to her, the legal structure is this: a permit comes into effect on the day after it has been sent to the person who applied for the permit and the permit must be published. An exception applies to the felling permit, because felling cannot be undone. That is why people must be explicitly given the opportunity to object to a felling permit.
‘Unfair game’
The Bomenridders Foundation objected to the felling permit through the municipality’s objections committee, applied for a provisional injunction and subsequently filed a lawsuit against the felling. Legal advisor Peter Mendelts of the Bomenridders explains that he wanted to apply for a provisional injunction again if the municipality actually decided to fell. “That was not necessary for the time being, because the municipality was also waiting for a building permit. Kap was not yet an issue.” He speaks of an unfair game.
Not according to the municipality: legally we acted correctly, a spokesperson said.
That’s right, says lawyer Kwint. But she also makes comments. “You have a felling permit, but you also have a group of citizens who are against felling and a judge who considers the issue. If you are going to cut down that tree, report it. That’s neat, you do that.”
Not so the municipality of Groningen.
Tikkie, dickpic with pants on, tax haven
Kwint puts it as follows. “There are many things that are not prohibited, but that you should not do because it raises eyebrows. Such as inviting someone to have coffee together and sending them a drink afterwards. That’s okay, but it’s weird. Or send a colleague a dick pic with pants on. It’s allowed, but it’s weird. Moving to tax havens: same story. You don’t have to do everything that is allowed, especially as a government. You expect a high degree of care from the government. It has an exemplary function.”
The municipality of Groningen did not want to respond to the social side of the logging story.