Public decision list June 16, 2025

Present:
Suzanne Otters-Bruijnen, mayor
Jelle de Jong, Alderman
Jan Boersma, Alderman
Steven Grevink, Alderman
Jeroen Wesselink, secretary

1. Public decision list Municipality of Son en Breugel June 10, 2025

The college adopts the decision list.

2. Internal-non-public-decisions list June 10, 2025

The college adopts the decision list.

3. CMD move, text collection RIB

Earlier this year, the council submitted written questions about the progress of the renovation and furnishing of the new CMD location. These questions were answered at the time, with the promise that if there were any developments, the council would be informed in writing. The appendix includes a text passage for the next RIB with an update on the selection of a contractor and the start of the work.

The board decides to adopt the attached text for the next council information letter.

4. Amendment to the adopted zoning plan “Son Zuid; Boslaan 63”

On 21 December 2023, the municipal council adopted the zoning plan “Son Zuid; Boslaan 63”. A number of local residents appealed against this plan to the Administrative Law Division of the Council of State (hereinafter: “the Administrative Law Division” or “the Division”). Following the appeal procedure, the Administrative Law Division issued an interim decision on 28 May 2025. In this interim decision, the Administrative Law Division concluded that the adoption decision was taken in violation of legal certainty. According to Article 1.29 of the zoning plan rules, the level can be determined in two ways, namely by the height of the ground level + 0.1 m or the top of the finished floor. However, the zoning plan rules do not clarify when the ground level + 0.1 m or the top of the finished floor should be used. For that reason alone, according to the Division, the zoning plan was adopted in violation of legal certainty.
The Administrative Law Division instructs the municipal council to remedy the defect in the decision regarding the 'level' within 16 weeks of the ruling being sent and, if necessary, to amend the decision or take another decision instead. The council can remedy the defect by clarifying in Article 1.29 of the zoning plan rules what is meant by 'level' in which cases. In doing so, the Administrative Law Division states that the council must define the concepts that are relevant in that context in the zoning plan rules.
The council is proposed to adopt the zoning plan “Son Zuid; Boslaan 63” amended by adjusting the definition of 'level' in article 1.29 of the zoning plan rules. The zoning plan (and the adoption decision of 21 December 2023) remain unchanged for the rest. With regard to the other grounds for appeal, the appellants have not been upheld by the Administrative Law Division.

The board decides:

  1. to take note of the amendment to the zoning plan “Son Zuid; Boslaan 63”;
  2. to propose to the council to adopt the amended zoning plan “Son Zuid; Boslaan 63”.

5. May Circular

The May circular was published on 28 May and the financial consequences are elaborated in this memo. With this memo we inform the council about the financial consequences and how these are processed in the multi-year budget 2026-2029. The consequences for 2025 will be included in the second management report 2025.

The board decides;

  1. the board takes note of the May 2025 circular memo and agrees to submit this memo to the council as an appendix to the 2026-2029 policy framework;
  2. text mandate for Alderman Farmersma