The construction of the new residential area Weespersluis in the Bloemendalerpolder between Weesp and Muiden can continue ‘as usual’. The Council of State decided this after the local Weesper foundation Flora and Faunabescherming Weesp went to court for the umpteenth time to stop the work. The Weesper couple that together form the foundation argue that the protection of endangered species is too bad during construction.
In terms of argumentation, there is nothing new under the sun compared to last April, when the foundation already asked for construction to be stopped, according to the Council of State. Yesterday a new case was filed against the province of Noord-Holland. For years, the foundation has been trying to ensure that the protection of various endangered species is better regulated. Until that is the case, no house should be built.
Enough bill
Despite all objections from the province, going to courts and previous visits to the highest court, the foundation has not been able to get this right. Two years ago, the Council of State already said that the developer takes enough into account the protection of endangered animals. A year ago, the Council of State rejected a request to halt construction.
The new residential area Weespersluis is being built between Weesp and Muiden, with about 2,750 houses. Animals such as the moor frog, natterjack toad and grass snakes live in the former polder. It is now the case that these animals are captured as much as possible and put back elsewhere in a so-called ‘compensation area’. The province has granted an exemption from the Nature Conservation Act to make this possible.
Requirements
According to the Weesper Foundation, this compensation area is not completely in order. That is precisely why extra measures are needed to better protect the animals. In addition, the conditions of the exemption are being violated.
Partly because no new facts have been presented, according to the preliminary relief judge, and the Council of State is still of the opinion that the measures of the exemption are strict enough, the decision has once again been taken that it may be continued.
This is a provisional ruling. Later this year, the two sides will meet again in court, because proceedings on the merits are still pending. This is a procedure in which the legal dispute between the two parties is finally settled.