How does the Administrative Jurisdiction Division in this case rule on the admissibility of natural persons?
Questioner
Is the appeal of a natural person admissible at the Administrative Jurisdiction Division of the Council of State, directed against a miniature Zoning Plan Hoogte Kadijk 145B and an associated environmental permit for the construction of two large residential buildings on this small construction site at Hoogte Kadijk 145B in Amsterdam? The construction of two residential buildings of 20 m. and 10 m. high will drastically affect this beautiful part of the Inner City of Amsterdam as a nationally protected cityscape and thus also the living environment of direct residents with a view of the construction site. Does the relativity requirement stand in the way of this? Relevant legal questions: - damage to the Inner City as a nationally protected cityscape at the location of the shipyard: interruption of open sight lines over the now open shipyard to national monuments in the area; - encroachment on this urban landscape, located in the buffer zone around the Canal Belt as a UNESCO world heritage site and encroachment on its horizon by high-rise buildings. Definition? - is HER reporting required (Convention of Granada?): or <22.5 m. = no high-rise buildings?; - damage to the high urban development and cultural-historical values of the shipyard, as stated by Monuments & Archaeology and urban planner in spatial exploration; - damage to the high archaeological value of the subsoil, if only shallow excavation and remediation takes place with archaeological fieldwork, but the deeper soil layers are covered with a sealing layer of soil and are not remediated, where 15 to 20 metre long piles are driven into the ground; destruction of archaeological heritage; - does housing construction without a remediation plan constitute a violation of the Housing Act, since a remediation plan is no longer required following a BUS notification? (BUS = General Administrative Order under the Soil Remediation Act); - is an EIA report necessary? The Amsterdam mayor and aldermen state that this is not necessary; - is the site a foraging area for the common pipistrelle bat (protected species)? Are these legal interests in which an appeal lodged by a natural person is admissible?Lawyer
If you mean that you are too late to respond, then there will be no substantive review. The Council of State is very strict on late submission of appeals. (inexcusable exceeding of the deadline)Neem de volgende stap
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