Request to remove playground equipment?

Questioner

For some time now, we have been experiencing nuisance from a playground equipment next to our house. We have reported this to the municipality several times. However, this has not yet led to the desired result. We want a playground equipment to be removed. Do we even have a right to this?

Lawyer

In the Netherlands, anyone with nuisance from a playground equipment can report this to the municipality. Whether the municipality will respond to this, however, can differ per situation. In general, if there is unlawful nuisance, you may be able to take action. Unlawful nuisance can be, for example, noise pollution that exceeds normal limits. However, this is always an assessment based on all relevant circumstances of the case, such as the severity and duration of the nuisance and the damage you suffer. If the nuisance can be considered unlawful nuisance, you may be able to take action to change the situation. You may consider a request or demand to the municipality to have the playground equipment removed or relocated. If the municipality does not cooperate, you may be able to start legal proceedings in some cases. Please note that the fact that you experience nuisance does not always mean that the municipality must remove the playground equipment. The municipality must also take into account the general interest, such as the interest of children in your neighbourhood to be able to play outside. As there are many factors that will determine whether your application will be successful, it is advisable to seek legal advice from a specialist lawyer or attorney. They can assist and advise you on the remedies available and the best strategy to adopt.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Questioner

Good evening, I would like to express my sincere thanks for your message; your response is much appreciated. I am sure that your answer will help me further. Before I send a follow-up letter to the municipality, I would like to clarify some additional points about our situation: How can we make it clear to the municipality that we do not feel taken seriously by the municipality and that the constant avoidance of our questions causes us so much unnecessary stress. I have recently recovered from breast cancer and my husband has suffered PTSD in the past during a shooting incident while deployed in Bosnia, and has recently narrowly survived a heart attack. This about the pressure it puts on us. Secondly, the municipality has removed two popular playground equipment in the past without asking/neighbourhood initiative, and we have received nothing in return. And when we ask for an adjustment, given that it causes so much nuisance, it suddenly has to be done via a neighbourhood initiative. Incomprehensible, given that the municipality must know that noise pollution is sickening. Our bedroom window is right above the contested playground equipment, five metres away. And on my watch I even measure 80 decibels at the height of our facade. In the entire neighbourhood and other surrounding neighbourhoods there is not a single noise-producing device in a playground. And one may expect that it is quiet after 22:00. And then when we contact the enforcement agency or the neighbourhood police officer, we are expected to speak to the people concerned ourselves. It may be known that speaking to someone on the street about their behaviour is life-threatening, and certainly if they are under the influence of the most diverse substances at night. That someone with heart problems and PTSD should solve that? In this society/generation there is no empathy anymore. And unfortunately not even in the authorities that we as citizens have to be able to fall back on. We thank you in advance for your attention and your valued answer.

Questioner

Good evening, Is it possible to process my previous email? Thanks in advance