Appeal against zoning plan conversion dismissed; distance requirements met despite higher actual activity category.
Sintesi Legislator
Generato dall'IAThe Administrative Appeals Chamber declared the appeal against the zoning plan amendment for 'Blokland 8' inadmissible. The appellant feared business restrictions, but the court found the 70-meter distance to the new residential unit satisfied the mandatory 30-meter buffer for Category 2.0 activities. Consequently, the plan was deemed compatible with the living climate, and the appellant's actual higher-category activities were irrelevant as they were not legally permitted.
Regesto Legislator
Generato dall'IAWet ruimtelijke ordening; Algemene wet bestuursrecht: A zoning plan amendment converting a business dwelling to a residential dwelling is valid if the required distance to the new residence is met, even if the existing business activities exceed the permitted environmental category.