Legal assistance with zoning plan changes

Questioner

In 1996, the neighbours' plot and ours were still one plot. The then owner sold half of the plot to us. Then we made an agreement with the municipality that we could build a house with a company hall, but then the then owner had to refrain from building another house on his part or converting the office into a house. He stated this in writing. (see attachment) In 1997 we received a permit and early 1999 we moved in. Always paid the municipal taxes etc. properly for both the house and the business premises. Naturally assumed that the people at the town hall do their job well so that my plot would have a residential and business destination. Also that the neighbours would no longer have a residential destination but only an office. (cat. 1) Now in 2013 the destination has been revised by the municipality without informing us and also in a clumsy way without any research regarding noise pollution knowing that my company building is 2 meters from the office of the neighbors (see google maps) and then also by drawing our house as a company building. Also to put cat. 3.1 on both plots which is impossible from both sides due to noise pollution. And the residential destination of the neighbors has remained which was not an agreement that could be removed because it has not been inhabited for 10 years. The office of the neighbors has changed owner twice. My construction company activities fall under category 2 In June 2015 the neighbours' office came up for sale again and to my surprise with a residential destination. The current owner naturally wants the residential destination keep it that is better for the sale. Immediately went to the municipality to get the story. This is followed by a whole exchange of letters/emails and conversations in which they admit to having made mistakes but do nothing about it. Now the municipality has had research done and is now coming up with customized regulations regarding noise pollution. My demand is that the residential destination of the neighbors is removed and that it is placed on our home, which was promised by the municipality, but I want that more strongly because I no longer trust them. Both of these can probably be done with a preparatory decision. I also claim damages for costs incurred for advisors and the time I spent on them.

Lawyer

Good morning, what an unpleasant situation. In your case, two things are important. Namely, the change of zoning plan and the liability of the government in case of unlawful actions. The municipality should have kept you informed of the course of events by means of a provisional decision. In addition, you were incorrectly informed and could rely on that information. You can claim compensation for this. You can always have a no-obligation conversation with me to see what I can do for you as a lawyer in this case and what I can assist you in this unpleasant situation.

Questioner

Gm, the response is not entirely clear to me. Is it a case to go to court and win. Kind regards

Lawyer

For that I would have to study your case further. But you have incurred costs unjustly. And there is damage as a result of a change in the zoning plan. I am currently handling a similar case and you have options. Please let me know if I can be of assistance to you.