Objection to environmental permit

Questioner

Does it make sense to object to a granted environmental permit if a building plan of the neighbours fits within the zoning plan, complies with the building decree and bylaw, and according to the municipality meets the reasonable requirements of aesthetics? Do we have a chance if we raise the reasonable requirements of aesthetics as an objection? It concerns a garage of 14 metres long and 6 metres high against our property boundary. 70% of our property boundary is therefore built at this height. Or does the zoning plan ultimately take precedence over everything else?

Lawyer

Much depends on the data in the application and the locally applicable rules and the zoning plan. In addition, a municipality can also make mistakes and/or an incorrect assessment. That is why it can sometimes be wise to also check whether the application actually complies with the building decree, etc. If you have grounds for the application not meeting the reasonable requirements of the aesthetics, you can bring them forward. Often, there must be a situation in which it must be obvious to non-experts that there is an excessiveness in the appearance that detracts from the spatial quality of an area. Below you will find an extensive ruling in which the Administrative Law Division discusses the many points that may play a role. ECLI:NL:RVS:2021:919 Please feel free to contact me via my profile if you have any questions or require legal assistance.

Questioner

Thank you very much, we have enough information to prepare ourselves.