The preliminary relief judge of the Court of Northern Netherlands has rejected a request to suspend an enforcement decision. The request was submitted by Boer Bart, an agricultural company in Rotstergaast that also carries out ancillary activities. The municipality of De Fryske Marren decided to enforce after a request from the companys neighbors.
Enforcement request by neighbors
The company keeps cows and has a farm shop. Furthermore, Boer Bart organizes various activities for children and, among others, dinner evenings, lunches, and cooking workshops. The farm is also offered as an event location. Many visitors attend these activities. The neighbors experience nuisance from this and have therefore requested enforcement.
Order subject to penalty
Boer Bart has objected to the order subject to penalty. The executive board is therefore first in charge. Boer Bart has asked the court to suspend the enforcement decision in the meantime so that planned activities can continue. This request has now been denied by the judge.
Spatial substantiation decisive for what Boer Bart may do
An important point in the ruling is what Boer Bart is precisely allowed to do based on the permit. Boer Barts lawyer argued that the permit imposes virtually no restrictions on activities as long as they remain subordinate to agricultural operations. However, the court currently rules differently. At the time of the permit application, a spatial substantiation was included. This contained a description of the plans the company had at that time. According to the court, the description of activities in the spatial substantiation is decisive for what the company is allowed to do under the permit.
Consequence of the ruling
The consequence of the ruling is that Boer Bart must temporarily cease all ancillary activities. If not, the company must pay penalties to the municipality.
The farm shop may remain open all year round.
Rulings
- ECLI:NL:RBNNE:2025:5497