Truthful legal assistance with planning damage compensation


Questioner

The municipality has seriously disadvantaged us in the planning compensation. (€12,500 too little) During the objection phase, she decided that we would receive an additional amount and that we would get the €300 deposit back. However, I already got the €300 deposit back in the first procedure. The municipality has now made a cut and paste error. Can I still claim this €300 because it is set out in a decision, or is this a case of undue payment and can the municipality reclaim it from me, or is a decision by the municipality set in stone even if it is wrong?

Lawyer

If you do not appeal to the court, the decision will be final and binding 6 weeks after it was announced. It will then be irrevocable. The fact that it has been decided that you should get the deposit back but that this amount has already been paid, does not have to be mutually exclusive. The municipality will consider in its objection what it has actually already done, namely to refund the deposit. If they now pay you that amount again, then there will be a question of undue payment and then you are indeed obliged by law to refund this amount.

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