The Court of Overijssel temporarily prevents the municipality of Zwolle from closing and demolishing the parking garage on Noordereiland. A local resident has objected to both activities and asked the preliminary relief judge to temporarily prohibit both the closure and demolition. The preliminary relief judge of the court rules that the closure of the parking deck may have needed a prior traffic decision, which is currently missing. Therefore, the municipality is temporarily not allowed to close the parking deck and the demolition permit for the deck is suspended. The ruling applies until two weeks after the municipality has made a decision on the objections against the closure and demolition permit.
Traffic decision
The college is of the opinion that no official decision is needed for the closure of the parking deck because the municipality, as owner/operator, wants to close and demolish the parking deck. According to the college, there is also no law that requires such a decision. The preliminary relief judge is provisionally of the opinion that such a decision probably must be made because the garage may be (part of) a public road. According to the Road Traffic Act, a traffic decision must be made in advance about the closure. Because the municipality has not previously considered this, the preliminary relief judge has determined that the closure may not proceed at this time. He has therefore prohibited the municipality from closing the garage deck as long as the college has not yet decided on the objections of the local resident.
Demolition permit
The local resident has also objected to the environmental permit granted by the college that allows the demolition of the parking deck. The preliminary relief judge is of the opinion that because the garage deck may not be closed for the time being, it may also not be demolished during that time. The environmental permit for the demolition is therefore suspended.
Rulings
- ECLI:NL:RBOVE:2026:74