Legal Assistance with Zoning Plan Changes

Questioner

Dear, I think I have a question about spatial planning I have the following problem We have been operating our company Hotel - restaurant - party center for 32 years now with the permits granted and in accordance with the zoning plan with residential destination. Apparently, the zoning plan was changed in 2010 or 2014. The residential designation was removed, and the party center was also removed. In 2015 there was correspondence with the municipality about this in which we expressed our surprise about the things that had been done. (We were never informed) As for the residential destination, we could simply apply for it again was the answer, and as for the party centre destination, we would not have to worry at all because we would always fall under the transitional law and that our estate agent could simply mention in the zoning plan in the event of a sale that we fall under the transitional law. However, we now receive a message from the municipality that they want to bring the destination back into line with the original and current use of our company. They want to include this in a new zoning plan to be deposited for inspection, to which local residents could then file objections. They also now suddenly state that this transitional law would only be valid for 10 years, while we assumed a kind of death-house construction, as they call it in these types of cases, as described in various rulings by the Council of State. The concrete question now is Suppose there are objections, can we always use our transitional law again? If not, we obviously do not want to continue working on a new zoning plan amendment. Thank you in advance for your answer

Lawyer

The transitional law applies between two zoning plans, usually for ten years, after which it expires unless it is reinstated, which must also be done. It is therefore to your advantage that your rights are revived, also in connection with the value of the property.