iGO News – News – Question mark about action from Goeree-Overflakkee municipality

Goeree-Overflakkee – A letter was sent to the editors with the title: Question mark about initiatives from Goeree-Overflakkee municipality regarding housing in nature Eerste Bekading in Sommelsdijk. The letter writer expresses his concern about the legal position and legal protection options for farmers and citizens on our beautiful island of Goeree-Overflakkee. Letter writer: “This is because in my opinion things are rattling. I was interested in buying land, located in Eerste Bekading in Sommelsdijk. Further information showed that this land already had a destination afterwards. It was surprising. Me, so I continued My search started with the city council, but she was not even aware of this intention … “Read the whole letter and the answer from Goeree-Overflakkee municipality. †

Follow up

Letter writer: “My search started with the city council, but she was not aware of this intention. Although that is the hint of the intention. On April 5, 2022, a message was issued ‘Intention to sell land Eerste Bekading’. Begins. With the words:” In 2018, the municipality offered the land located in the Eerste Bekading polder in Sommelsdijk for sale by means of a public sale procedure with advance selection. “

The municipality has determined that this plan meets the municipal conditions that follow from the sale procedure. The municipality intends to enter into a purchase agreement with both bidders because they are the only serious candidates. Due to the fact that necessary subdivision procedures for the plots are necessary to meet the so-called municipal conditions, one can still expect that the municipal council should have been involved in this (also considering the current composition of the council).

The importance of publishing

What is the relationship between the fact that I am allowed to give an opinion on this plan while the decision has already been adopted in accordance with the Council (with the exception of Councilor Bruggeman’s vote), and what is the value of this then? For it now appears in hindsight (from the notes to the minutes of the council meeting on 8 March 2022) that B&W has already approved the final draft ‘Delicious Haringvliet’ and the Ambition document as a basis for Area Development Eerste Bekading – Heerlijk Haringvliet and until the sale has decided? Was this publication therefore only in B & W’s interest in complying with the Didam judgment? I wonder … The Didam judgment is, to summarize very briefly in it, the legal framework to which the municipality must relate.

The decision of the Council of State

My interest only got more aroused, serious bells started ringing! In short: the municipality sells land to project developers whose destination has not yet changed. While the municipality through a decision from the Council of State (ECLI: NL: RVS: 2016: 2691) was fully aware that housing construction is not possible given the destination. This order was issued on October 12, 2016 and relates to the grounds that would have been sold at that time.

Change of destination

Now my question arises: why has the ‘municipality’ not arranged for a change of subdivision? At that time, the land was sold by farmers (under pressure I think) with the zoning plan ‘Water and nature’. But now houses have to be built? What if the municipality had arranged for a zone change? Would not the result have been very different? In that case, interested parties (farmers) could have exercised their right of objection and appeal.

In 2016, a zoning plan change was implemented for two plots (E693 and E675 Sommelsdijk). These have been converted from ‘Water and Nature’ to ‘Agriculture’. These reasons were apparently not considered “necessary” by the municipality, for ‘Water and Nature’. The question is why this change was there and why not the change from ‘Water and Nature’ to ‘Nature and Housing’ for 5 hectares in the planning area?

My question: was this fear of failure in the municipality? The municipality apparently feels supported by the ‘Dream Fund project’. These initiators are responsible for landscape and nature development on the northern outskirts of Goeree-Overflakkee. These initiators, including the World Wide Fund for Nature and the Nature Monument, are behind the plan to make it possible to live in nature. Shouldn’t it be more crazy ?!

Non-disclosure clause

To date, everything from 2017 has been recorded in ‘plans and visions’ and these plans have remained plans and these ‘visions’ have remained ‘visions’ and nothing has been concretized. I am also concerned that a “mouth-to-mouth” clause has been incorporated into a sales agreement with farmers. I know that there are such clauses in several sales agreements entered into by our municipality. The questions arise: Why and what is the rationale behind such agreements? Why should you not object later? To prevent stakeholders from agreeing on any decision-making process? “

Waking up

“Why am I writing this letter? I think I am serving the public interest with this. I hope so too, because the citizens must be able to trust their government and be able to count on support. And the citizens’ legal protection must always be ensured. My hope is, that the citizens wake up, including board members, and that some (if not all!) are judged and treated according to laws and regulations. I wonder if the municipality is not aware that the administrative “rattle” is. I hope that everyone makes a fair decision with a view to the “General Principles of Good Governance”. To explain it is the written and unwritten “rules” for the contact between government, citizens and businesses.I trust the proper handling of Goeree-Overflakkee municipality in this matter. takes its responsibility and is transparent to its citizens. “

Letter writer is the editorial staff known.

Response

The B & W / municipal council of Goeree-Overflakkee municipality was of course asked for an answer to this letter. We have received the following response from the communications officer:

On April 5, we as a municipality announced that we intend to sell land in the Eerste Bekading polder. Objections have been raised against the sale of land. The mayor’s and councilors’ council takes a position on the views received.

Earlier, in 2018, the municipality conducted a public sale procedure for the area’s development of Eerste Bekading, for which no suitable offers had been received. Subsequently, two parties sought cooperation and presented an improved plan that lived up to the requirements. The municipality has now entered into a purchase and development agreement with these parties. The sale is completed on condition that an irrevocable subdivision plan is obtained. That the next step for this area development is the preparation of the physical plans. Before then, we as a municipality, together with the development combination and the Noordrand area’s partners, will present the proposed spatial development to the city council. This will take place during the dialogue evening on 30 June 2022.

The development of Eerste Bekading has been going on for several years and is part of the Noordrand Goeree-Overflakkee area development. The area of ​​over 27 hectares offers space for nature, recreation and a sustainable living concept. About 22 hectares of the area are filled with new nature, which is opened up for common recreational use (walking and cycling). A small part of the area (5 hectares gross) is to be used for the construction of a particularly sustainable way of life. The houses are built on an artificially landscaped hill (a residential hill) in the middle of the new nature. The homeowners jointly own the nature and manage it together. A maximum of 50 housing units will be built once, which will be permanently inhabited. For more information, see: www.goeree-overflakkee.nl/noordrand

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