Public decision list Aug. 24, 2021

Present:
John Frenken, Deputy Mayor
Jan Boersma, Alderman
Jos de Bruin, Alderman
Harry Meeuwsen, secretary a.i.
Absent:
Hans Gaillard, mayor
Paul van Liempd, Alderman

1. Assessment of spending 2020 council groups / Hans Gaillard

The council groups receive an annual amount of € 1,000 per group as an allowance for the costs of the functioning of the group. According to the Official Assistance and Group Support Regulation 2020, this amount is intended to strengthen the group's representative, framing and controlling role. The City Council determines annually whether the expenses incurred meet this requirement. The political groups have indicated what they have spent the contribution received for 2020. The college takes note of the draft council proposal by the president and clerk of the council, which concludes that the expenditures fit the purpose for which the contribution is intended.

The college takes note of the draft council proposal "Assessment of Council Expenditures 2020" by the council president and clerk and decides to present the proposal to the council through Political Evenings.

2. Request zoning change St. Hubertuslaan 3 / John Frenken

The owner, also occupant, of the company residence at St. Hubertuslaan 3 (parcel cadastral as Son en Breugel E 1336) wishes to change the zoning for this residence from 'Company' with function indication 'company residence' to a regular residential zoning. This desired planning amendment corresponds with the actual use at the site. Owner is in fact no longer the owner of the company, the car dealership Nordic Auto BV, on his cadastral property at St. Hubertuslaan 1. The residence is therefore not functionally bound to the company on the same parcel.

College Decision:

  1. To agree to bring the actual situation at St. Hubertuslaan 3 in line with the planning situation by changing the current zoning 'company residence' to the single zoning 'Residential' during the preparation of the 'environmental plan Son en Breugel';
  2. Notify the owner of this decision in accordance with the draft letter.

3. Heritage policy and zoning Cultural history / John Frenken

In order to comply with the obligations of the Spatial Planning Act (Wro), Spatial Planning Decree (Bro) and the Heritage Act, the policy memorandum " Heritage Policy" has been drawn up in consultation with Monumentenhuis Brabant, the society of local history and the monument committee. The "Heritage Policy" has been translated into the draft "Cultural Heritage" zoning plan so that it forms an assessment framework for new developments. On October 13, 2020, you decided to release the drafts for the viewing period. Six views were submitted in response to the draft "Cultural Heritage" zoning plan. Of these six, one view is inadmissible because it contains no content. Part of Opinion 1 will be adopted and the remaining opinions will not be adopted. In addition, an official adjustment to the plan will be made on its own initiative and based on the official response from the Department of Public Works (RWS). At the conclusion of this process, the Heritage Policy and the 'Cultural Heritage' zoning plan can be presented to the City Council for adoption.

College Decision:

  1. To propose that the council adopt the policy memorandum "Heritage Policy";
  2. To propose that the council adopt and adopt the response to the views as described and weighed in the "Notice of Views" draft zoning plan "Cultural History," which notice is deemed to be part of this decision;
  3. propose to the council to adopt the zoning plan "Cultural Heritage" with plan identification "NL.IMRO.0848.BP152ERFGOED-VA01 "as amended and to make it available digitally.

4. Decision on objection to decision on Wob request / Paul van Liempd

On March 16, 2021, the college decides to disclose two documents as part of a Wob request on the evaluation of the method of operation of the municipal news or municipal page as described in the multi-year budget 2021 - 2024. On March 19, 2021, the college receives an objection from the objector to the above decision. The Objections Committee recommends that the objection be declared unfounded and that the contested decision be upheld.

College Decision:

  1. Declare the objection unfounded;
  2. uphold the contested decision;
  3. Refer to the opinion of the Objections Committee for the reasons for the decision.

5. Partial restoration adoption of zoning plan 'Buitengebied; revision 2017' / John Frenken

On January 10, 2019, the City Council adopted the zoning plan "Outside Area; Revision 2017. Three appeals were filed against the adoption of that plan. The Administrative Law Division of the Council of State (the Division) ruled on all appeals on May 19, 2021 (ECLI:NL:RVS:2021:1053). For one appeal, this ruling is the final ruling. This has been incorporated by order of the Division into the zoning plan 'Buitengebied; herziening 2017' with plan identification 'NL.IMRO.0848.BP820BUITENGEBIED-VA02' and made available digitally as such. For two appeals, the Division, applying the 'administrative loop,' issued an interlocutory ruling. In the interlocutory ruling, the municipal council was ordered to remedy some of the observed defects in the zoning plan through the so-called administrative loop within 20 weeks of the ruling. This has been done in the rectified zoning plan 'Buitengebied; herziening 2017' with plan identification 'NL.IMRO.0848.BP820BUITENGEBIED-VA03'. The Division will assess in the final ruling whether the municipal council has sufficiently remedied the defects found. If that is the case, the 'remedial' zoning plan will be allowed to stand.

The college decides, pursuant to the State Council's order of May 19, 2021, to propose that the council amend the decision to adopt the zoning plan "Buitengebied; Revision 2017" dated January 10, 2019, in accordance with the draft council proposal and draft council decision.