Legal Question about Green Destination? Get Free Advice!


Questioner

Next to our house we bought a piece of green space from the municipality. This green space has a green destination. I applied for an exit permit on this piece of land so that I can park my car on that piece of purchased land. The municipality rejected this because you are not allowed to park a car on a 'green destination'. My question: Is what the municipality says correct? And what is allowed on a green destination? What are structures, other than buildings, for the purpose of the stated destination 'Green areas (Rg)'?

Lawyer

That's right. Do constructions for the purpose of green areas are perhaps fences or temporary facilities. For a definition, look in the zoning plan. A functional use of green is for example park or garden.

Questioner

It remains somewhat difficult to translate into practice. For example, I see houses in the same street with a car in the front garden. Now, that front garden may be designated as a yard, but if functional use of greenery, a garden, can they not also allow parking there? I get the feeling that by designating it as green, the municipality only wants trees, plants or grass on it. 'For a definition, please refer to the zoning plan' does this mean that each municipality can give its own definition?

Lawyer

Yes indeed within the given frameworks and also an insight may change over time, for example the board no longer wants its own driveways as in the past and has therefore set the function to green. That is all allowed.

Lawyer

I agree with this

Lawyer

Perhaps the zoning plan will allow 'parking on private property' in the case of the 'garden/yard' designation. You have applied for an exit permit and that is in this context a different use than use as 'garden/yard' or 'parking on own property'. I suspect that in the other cases the parking spaces are directly connected to the existing exit, while in your case there may be a second / extra exit.

Questioner

The situation is the same, at least as far as the driveway is concerned. It will indeed be the difference in destination yard/garden and in our case destination green. It is only a bit disappointing when you think you have bought a piece of land and can do something nice with it, but it turns out that you can't do anything with it. The only difference is that I am now responsible for the maintenance and no longer the municipality. That's why I was also curious about what is meant by, What are structures, not being buildings, for the purpose of the mentioned destination 'Green facilities (Rg). I understand a property boundary, but does a greenhouse, for example, not fall under this?

Lawyer

You hit the nail on the head. Many municipalities want to get rid of green space and therefore sell it to citizens, without pointing out that the destination of these types of green spaces does not automatically mean that they can also be used as a garden/yard. If the municipality would like to cooperate in granting this, you could consider applying for an environmental permit for deviating use, so that you can use the purchased piece of land as part of your garden/yard. Perhaps this will open up a possibility for parking, as long as there is no exit on site. A building is a structure enclosed by walls. A greenhouse will therefore indeed qualify as a building, but a single fence will not.

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