Legal assistance with objections to municipal decisions

Questioner

We have been living as the only residents on a dirt road for 8 years now. can be closed with a half-open gate. This was decided in 1993 by the Mayor and Aldermen. This means that motorized traffic can only use this road on one side. The road is normally accessible to other road users. We got the key to this gate from the previous residents received together with the official papers from the municipality and this is also stated in our purchase agreement. The municipality reconsidered the decision this summer and decided that the fence must be removed. Our 100 year old house is located three and a half meters from this dirt road and, just like the previous residents, we are experiencing a lot of dust and vibrations. The situation has changed to such an extent that we are increasingly bothered by heavy agricultural and other traffic thundering past our house. Of course we have filed an objection and we do not understand why the arguments that applied at the time no longer apply. In fact, it has only become busier due to the expansion of agricultural companies over the years. This fence, which has been there since 1993, now suddenly has to be removed and no account is taken of the nuisance that is only getting worse.

Lawyer

In terms of procedure, after you have filed an objection and the municipality has made a decision on the objection, you can appeal to the (administrative) court. I find it difficult to say anything about the content because I would have to look at the (purchase) agreement and the municipal decisions; without that I cannot say anything about it. I am a real estate lawyer and if you wish, I can look at the case with you.

Questioner

Thank you for your response. This case will come before the appeals committee next Wednesday. Do you have any tips for us? What we have a lot of trouble with is that a situation that has existed for 25 years suddenly has to change are changed for the general interest. It seems to me that there is also a question of accrued rights. Can you do anything with that?

Lawyer

for tips, I would have to look at the case in terms of content. I really can't say anything sensible about that right now. You could perhaps try using the general principles of good governance. These include the principle of due care, the principle of motivation, the principle of legal certainty, the principle of trust and the principle of proportionality.