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 and Breugel June 10, 2025.

The college adopts the decision list.

2. Internal-not-public-decision list June 10, 2025.

The college adopts the decision list.

3. cmd. move, text collect-RIB

The council asked written questions earlier this year about the progress of the renovation and design of the new cmd. location. These questions were answered at the time, with a commitment that if there are developments, the council will be informed in writing. Attached is a text passage for the next RIB with an update on the selection of a contractor and the start of work.

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

4. Amendment adopted zoning plan "Son Zuid; Boslaan 63"

On December 21, 2023, the City Council adopted the zoning plan "Son Zuid; Boslaan 63." This was appealed to the Administrative Law Division of the Council of State (hereinafter "the Administrative Law Division" or "the Division") by a number of local residents. Following the appeal proceedings, an interlocutory ruling was issued by the Administrative Law Division on May 28, 2025. In this interlocutory ruling, the Administrative Law Division concluded that the determination decision was made in violation of legal certainty. According to Article 1.29 of the planning regulations, 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 plan rules do not clarify when to use ground level + 0, 1 m or the top of the finished floor. For that reason alone, according to the Division, the zoning plan was adopted in violation of legal certainty to that extent.
The Administrative Law Division instructed the municipal council to remedy the defect in the decision with regard to the 'ground level' within 16 weeks of dispatch of the ruling and, if necessary, to amend the decision or to adopt a different decision instead. The council can remedy the defect by still clarifying in article 1.29 of the planning regulations what is to be understood by 'level' in which cases. The Administrative Law Division indicates that the council must define the terms that are important in that context in the planning regulations.
The council is proposed to adopt the zoning plan "Son Zuid; Boslaan 63" as amended by adjusting the definition of 'level' in article 1.29 of the planning regulations. For the rest, the zoning plan (and the Dec. 21, 2023 adoption decision) remain unchanged. With regard to the remaining grounds for appeal, the appellants were not ruled in favor by the Administrative Law Division.

The college decides:

  1. To take note of the amendment to the zoning plan "Son Zuid; Boslaan 63";
  2. To propose that the council adopt the zoning plan "Son Zuid; Boslaan 63" as amended.

5. May circular letter

The May circular letter was published on May 28 and the financial consequences are detailed in this memo. With this memo we inform the council about the financial consequences and how they will be incorporated in the multi-year budget 2026-2029. The consequences for 2025 will be included in the second administrative report 2025.

The college decides;

  1. the college takes note of the memo May Circular 2025 and agrees to offer this memo to the council as an appendix to the 2026-2029 framework memo;
  2. text mandate for Alderman Boersma