Public decision list September 21, 2021

Present:
Hans Gaillard, Mayor
Jan Boersma, Alderman
Paul van Liempd, Alderman
Jos de Bruin, Alderman
Harry Meeuwsen, Acting Secretary

Absent
John Frenken, Alderman

1. Non-public list of decisions and public list of decisions dated September 14, 2021 / Hans Gaillard

The college adopts the decision lists.

2. Decision on objection to environmental permit for construction / John Frenken

On May 3, 2021, the council decides to grant an environmental permit for the construction of an outbuilding. On June 14, 2021, the council receives an objection from the objector against the above decision. The objection does not state the grounds for objection. The objector has been given the opportunity to submit the grounds for objection. To date, the council has not received the grounds for objection. The objections committee recommends that the objection be declared inadmissible.

College Decision:

  1. Declare the objection inadmissible;
  2. refer to the opinion of the appeals committee for the reasons for the decision.

3. Council proposal to adopt zoning plan "Outlying area; Van den Elsenstraat approx." / John Frenken

On May 4, 2021, the council decided to definitively cooperate in changing the zoning of Van den Elsenstraat unnumbered (next to 54) for the construction of a house via Ruimte voor Ruimte (Space for Space), by releasing the draft zoning plan for public inspection and signing the prior agreement. For the construction of the home, the required draft zoning plan was drawn up and made available for inspection for the period of opinions (May 13, 2021, to June 23, 2021). The draft zoning plan was also submitted to, among others, the province of North Brabant (no response) and the Dommel Water Board (approval) to give them the opportunity to respond to this draft zoning plan by means of an opinion. The consultation period did not yield any further responses. To complete this process, the zoning plan "Buitengebied; Van den Elsenstraat ong." can now be submitted to the municipal council for adoption.

College Decision:

  1. to request the council's opinion in an advisory meeting on the adoption of the zoning plan "Buitengebied; Van den Elsenstraat ong." in accordance with the draft council proposal and draft council decision;
  2. propose to the council that, pursuant to Article 6.12 of the Spatial Planning Act, it decide not to adopt an exploitation plan for the zoning plan "Buitengebied; Van den Elsenstraat ong.";
  3. to propose to the council that the zoning plan "Buitengebied; Van den Elsenstraat ong." with plan identification "NL.IMRO.0848.BP824BUITENGEBIED-VA01" be adopted unchanged and made available digitally.

4. Adjustment of letterhead template / Paul van Liempd

The board decides to approve the change to the letterhead.

5. Request from Fort lawyers / Paul van Liempd

Repeated requests have been made to withdraw two public law restrictions relating to the use of a plot of land as a parking location and to have the restrictions removed from the Basic Registration Cadastre (BRK). New circumstances have been presented that justify the request. The restrictions will be withdrawn and removed from the BRK.

College Decision:

  1. to withdraw the penalties imposed on Eazzy Park B.V. and Ovi Service B.V. with regard to their use as parking locations for third-party vehicles, in accordance with the attached decisions;
  2. to have the restrictions referred to in 1. removed from the Basic Land Registry (BRK).

6. Decision on Freedom of Information Act request / Hans Gaillard

On July 28, the council received a request from Stichting Platform Keelbos under the Government Information (Public Access) Act (Wob). The request concerns information relating to reports of nuisance at the car park on Hoberglaan. In addition, the request concerns the official advice issued recommending that the car park be reopened. The request has been assessed in accordance with the Wob. Some of the information is already public. The other part of the information can be made public, with the exception of personal data and personal policy opinions.

College Decision:

  1. to make a decision on the Freedom of Information Act request from Stichting Platform Keelbos dated July 28, 2021;
  2. That the Wob does not cover information that is already in the public domain;
  3. to disclose the documents with serial numbers 7, 8, 8b, and 8c, with the exception of personal data pursuant to Article 10(2)(e) of the Wob and personal policy opinions pursuant to Article 11(2) of the Wob.

7. Decision on Freedom of Information Act request / Hans Gaillard

On August 9, 2021, the council received a request from Ons Son en Breugel under the Government Information (Public Access) Act (Wob). The request concerns the video recording between the end of session 1 and the council meeting of the political evening on July 22, 2021. It has been assessed that the requested information cannot be made public on the basis of Article 10(2)(e) of the Wob (respect for privacy) and Article 10(2)(g) of the Wob (disproportionate advantage or disadvantage).

College Decision:

  1. Issue a decision on the Wob request from Ons Son en Breugel dated August 9, 2021;
  2. not to make public the video recording between the end of session 1 and the council meeting of the political evening on July 22, 2021.

8. Political Evening Program September 23, 2021, and list of commitments / Hans Gaillard

The council discusses the items on the agenda for the political evening of September 23.

9. Responses to written questions / Hans Gaillard

At present, supervision and enforcement are primarily focused on pollution in the forest area located on Hoberglaan in Son en Breugel, based on an action plan. Secondarily, supervision and enforcement are focused on other criminal offenses in the area of public decency and in response to reports of prostitution. The D66 and PvdA/Groen Links council factions have submitted written questions about this. The recommendation to the council is to approve the response to these questions.

The council decides to approve the response to the written questions about Hoberglaan submitted by the D66, PvdA, and GL council factions.

10. Development site Houtens 11 / John Frenken

The council wishes to implement "Kaders als Koers" (Frameworks as a Course). The Houtens 11 development site is being considered for this purpose. Woonveste Projectontwikkeling has made an offer to purchase and develop the land. The council has decided to proceed with this, and a preliminary agreement and sales agreement has now been drawn up for the development and sale of the land, which your council must decide whether to enter into. All agreements relating to the plan development for this location have now been laid down in the draft "Preliminary agreement and sales agreement for the Houtens 11 development site in Son en Breugel."

  1. The council decides to adopt the preliminary sale agreement for the Houtens 11 development site in Son en Breugel dated July 15, 2021, and to publish its commercial content.
  2. The mayor delegates the signing of the agreement referred to in point 1 to Alderman . Frenken.

11. Application for contribution to local coronavirus support fund / Jan Boersma

On March 18, 2021, the city council unanimously decided to establish a temporary local coronavirus support fund (€200,000) for local customized assistance in acute and distressing situations. Despite a comprehensive package of national generic measures, there are residents and businesses who are not eligible for these measures but who do need financial support. The applicant requests a financial contribution from this fund from the municipal executive.

The council decides to grant the applicant a financial contribution of €10,000 due to the acute and dire financial situation caused by COVID-19 restrictive measures, including temporary closure during lockdowns.