When is an explanation of the zoning plan decisive for a healthcare estate?

Questioner

There is a zoning plan here on a care estate. During the development, we as residents made our concerns known and they were fully understood. The zoning plan explanation included provisions that were supposed to ensure that we would not be inconvenienced and what the layout should look like. Now that push comes to shove, the municipality is not responding because it is not laid down in the rules. The reason that we did not object to this zoning plan is because it was all neatly (we thought) in it. Now the organization that uses the estate does not care about anything that is stipulated in the explanation. What can we do with this?

Lawyer

Indeed, the plan rules are binding in combination with the imagination. However, plan rules may not be clearly defined when compared to the imagination. In those cases, the explanation must provide clarity. Apart from this, it may be that interested parties rightly thought that their wishes would be set out in binding provisions, in which case there may be a violation of the principle of trust.

Questioner

Thank you very much for your response! The breach of the principle of trust is certainly an issue. But there has also been a lot of staff turnover at the estate and the municipality over the years. As a result, the agreements are probably not known to the people who are currently responsible for them. We are in talks with the municipality again and have stated in this conversation that they are responsible for enforcing the zoning plan. There is still a lot wrong with the implementation of the zoning plan. From the plan rules and the image you can see that a lot still needs to be done. And the implementation of this is also supplemented in the plan explanation. Is it then a binding provision? The plan image is otherwise clear.

Questioner

In the meantime, I have made some progress with the information. It appears that a program of requirements has been drawn up, but it is not publicly available. When I asked to make it public, I was told that this would not happen. I have good contact with this person and do not want to get him against me. I did receive it and am allowed to use it as if it were public. I would like to make it public, but I do not want to put it on the internet with my name on it. How do I go about that?