Appeals and permits: Free legal advice
Questioner
On 20-1-2015 I asked a question regarding a building plan right behind my garden and received a clear answer. In the meantime, the construction is finished. Together with some neighbours, I lodged an objection and later an appeal. The objection was declared unfounded, the appeal was partly founded, but the permit remained in place. In the meantime, we have lodged an appeal and are considering taking the matter to the civil court. We hired a lawyer for the appeal. Before the appeal was heard, we applied for a provisional measure, which was refused for unclear reasons. One of the reasons was the fact that we had not informed permit holders about the appeal we had filed, and permit holders could get into financial trouble due to a delay. The court did inform the municipality about our appeal. Who should have informed permit holders? They state that they only heard about the appeal on 20 October 2015, while the letter from the court to the municipality was sent on 9 September 2015. In order to save costs, we have now filed the appeal ourselves, with the lawyer checking and supplementing everything before sending.Lawyer
This is strange because the rejection of the interim measure could cause permit holders to get into even more trouble if the appeal is granted and the municipality has to make a new consideration. The party is usually informed by the municipality itself, this is a general forwarding obligation. The question of whether you as an objector should have informed the permit holder earlier is a private law (neighbourhood) issue that may not be discussed in an administrative case. How do you want to involve the civil court? This is quite difficult because it will have to break through the formal legal force.Neem de volgende stap
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