Legal Assistance with Construction Requests
Questioner
We own a plot of land designated for residential use. However, no building block is designated on the plot. This plot was part of a larger parcel and was split off in the late 1990s when an apartment complex (10 homes) was built on the other part. As the new owners (heirs), we submitted a request to the municipality for permission to build a house on this plot. This was based on the assumption that it was designated for residential use. The municipality rejected this request for several reasons. My question is whether it is legally possible, given the land's zoning, to create a building block within the plot, which would then allow for the construction of a house within the zoning plan's regulations.Questioner
What does your municipality give as a reason for rejecting the environmental permit?Questioner
Good evening, The municipality presents a whole series of arguments, which were confirmed in a letter. This is in response to a request in principle we submitted for the construction of an ecological detached house on the plot. The municipality cites the following arguments for rejecting the request: 1. conflict with municipal policy 2. undesirable from an urban planning perspective 3. no spatial added value 4. undesirable precedent 5. unsuitable location for a model home In our opinion, the reasoning given for each of these points is not convincing. If you wish, I can send you a copy of the answer.Questioner
I'd like to see that, but everything needs to be examined. Your building plan will have to be assessed against the zoning plan and spatial planning policy. You can contact them directly and then attach the letter.Take the next step
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