The municipality of Tynaarlo must give supermarket owner Hans Hendrikse of Albert Heijn a permanent place on the Prins Bernhardhoeve site in Zuidlaren. The judge decided that today.
Since 2002, Hendrikse has been working on a permanent move to the PBH site. The location on Stationsweg became too small and parking was becoming less and less possible there. The PBH site is ideally the space where Albert Heijn wants to build a future-proof supermarket, Hendrikse reasons.
For about five years now, the AH has had a temporary supermarket at the location owned by the municipality of Tynaarlo. The supermarket has this with the prospect of a permanent location on the site. After all, that decision was taken by the Tynaarlo municipal council in 2014. A return to the old location is also not an option for Hendrikse.
Nowadays the Action is located at the old location. That location would have to be adjusted again to allow a supermarket to be established there again. Such a return would result in damages amounting to many millions in costs and lost income, the entrepreneur previously told the judge.
The judge finds that the municipality has made promises to Hendrikse to have a permanent store on that site. The municipality must also adhere to this, the judge believes. This is based on the so-called principle of trust. This means that the expectations raised must be met by the municipality.
The principle of trust does conflict with the so-called Didam ruling to which the municipality must adhere. The Supreme Court decided in November 2021 that governments are no longer allowed to sell land one-on-one. Other candidates must be able to compete. In that case it is about the principle of equality.
The interests must be weighed against each other and be in Hendrikse’s favor. The municipality must provide a permanent place for Hendrikse at the front of the PBH site. The further renovations (redevelopment) of that site must be done in such a way that the temporary AH can remain open and is not inconvenienced.