Court dismisses appeal regarding planning permit where building plan complies with zoning map despite legislative intent discrepancies.
Legislator-Zusammenfassung
KI-generiertThe Council of State dismissed the appeal against the lower court's decision to grant an environmental permit for a stacked apartment building. The appellants argued that the building plan conflicted with the zoning map because the council's intended smaller building footprint was not accurately reflected in the official map. The court ruled that the map, once final, is the sole legal standard for compliance, rendering the council's unrecorded legislative intent irrelevant to the permit application.
Legislator-Regeste
KI-generiertArt. 2:1, lid 1, sub a, Algemene wet bestuursrecht; Art. 2:1, lid 2, sub a, Algemene wet bestuursrecht: When a zoning plan has become final, the official map serves as the definitive legal basis for assessing building plans, and the council's unrecorded legislative intent cannot override the published map.