How can I challenge a building permit?

Questioner

On a new industrial estate (Florapark) in Asten I had a new building built 3 years ago. This building is completely self-sufficient. There are 250 solar panels on it. Now the municipality has issued a building permit to my future neighbor, for a building of 12 meters high. The zoning plan states that a maximum of 10 meters may be built, and in special cases 12 meters is permitted. There was no consultation with me at all. So my solar panels will be placed behind a wall of more than 4 meters high. I understand that the building permit will not be reversed. But what are my rights?

Lawyer

That depends on whether there is still an objection period running. Do you know whether a decision has already been made, or whether the permit is still being assessed? You can use the link below to search for the address and see if a decision has already been made. https://www.asten.nl/administratie- Organisatie/kennismakingen-beleid-REGgeving/kennismakingen/gv-ext/Publication/list/gv-categorie/ruimte-en-informatie- Organisatie-en-beleid-43/page# listarea Depending on the procedure, you have 6 weeks to file an objection. You are (probably) an interested party given your story. You may suffer direct disadvantages from this decision. Please feel free to contact me if you have any questions or would like to discuss the matter.

Questioner

They have started construction now so the objection period has expired. My real question is whether they should not have informed me that this was going to happen?

Lawyer

A similar case: https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RVS:2019:3628 In it the Division states: The purpose of Article 2:14, paragraph 2, of the General Administrative Law Act is to ensure that messages are not sent exclusively electronically, but also in, for example, a (paper) daily, news or door-to-door newspaper. This is only different on the basis of this provision if it has been determined by statutory regulation that electronic sending is sufficient. In most cases, the municipality can suffice with announcing decisions via newspapers and online. The situation in your municipality may have been adjusted based on the regulations. In principle, it is then up to an interested party to monitor this and to object in a timely manner. However, construction sometimes starts too early or a decision is not announced correctly (in such cases an objection is sometimes still possible).