Legal Advice for Zoning Plan Amendment

Questioner

I have been looking for another home for a long time, and I have finally found a property that meets my needs. The point now is the following: the building in question is a former doctor's practice and has a social designation in the zoning plan. Initially, the municipality was willing to cooperate in expanding the zoning to social + residential. However, the building is adjacent to another doctor's practice and the two owners have been in conflict with each other for years. This owner has indicated that he will do everything he can to prevent a change in the zoning plan just to annoy the other owner. The other owners of the homes in the vicinity of the property for sale have no objection to the extension of the zoning plan. The municipality has indicated that they do not want to get involved in this neighborhood dispute and are now taking action. I would like your advice on how I can still achieve the expansion of the zoning plan. Thank you in advance for your advice For the record, this concerns a building in the municipality of Goirle.

Lawyer

Expansion of the zoning plan falls under political decision-making and can therefore not be enforced. Another thing is that via art. 19 RO it is sometimes possible to deviate from the zoning plan. This involves a more stringent test. Many zoning plans are outdated and that is why this route is followed more often. You can submit an application and file an objection if it is refused. If the alternative destination fits within the requirements that are set for the current destination and/or exceptions have been made for comparable cases, then this can be a point of contact. I personally would not buy until a favorable decision is on the table and you certainly cannot count on that. If you still want to go ahead, consult a lawyer with knowledge of administrative law.