Eeneind-West Distribution Centers: Court Rules in Favor of Geldrop-Mierlo on Key Points

In short:
The court has ruled that Geldrop-Mierlo’s appeal is well-founded on several key points. The permit for the three distribution centers has been provisionally suspended. As a result, construction may not begin while the proceedings continue. Nuenen has until March 1, 2027, to remedy the identified deficiencies. Under the circumstances, this is the best possible outcome.

Geldrop-Mierlo Files an Appeal; Court Finds Several Arguments to Be Well-Founded 

On May 13, 2025, the municipality of Nuenen granted a permit to a development consortium for the construction of three large distribution centers in Eeneind-West, Nuenen. The total area covers approximately 44 soccer fields. The warehouses will be 14 meters high. The municipal executive of Nuenen and others had previously stated that, based on the comments submitted by the municipal executive of Geldrop-Mierlo, the citizens’ committee “Distribution Center No,” Anna Zorggroep, and more than 1,500 other affected residents and business owners, they saw no grounds to deny the permit. 

The Municipal Executive of Geldrop-Mierlo deeply regrets that the Municipal Executive of Nuenen was unable to find a way to withhold the permit. According to the Municipal Executive, the plan will have significant consequences for Geldrop-Mierlo. 

In our view, the arrival of the distribution centers could lead to a massive increase in freight and other traffic. It is expected that the arrival of the distribution centers will result in approximately 6,700 motorized traffic movements per 24-hour period, of which about 1,300 will be trucks. As a result, heavy traffic congestion and potentially unsafe situations are expected in areas that are already very busy. The roundabout at Bogardeind, near the on- and off-ramps of the A67, is cited as an example.

The Geldrop-Mierlo municipal council is also concerned about air quality. In addition, there is a possibility that
emergency responders may have a harder time reaching their destinations due to the increasing traffic. 

For this reason, the Municipal Executive of Geldrop-Mierlo filed an appeal against the permit issued by the municipality of Nuenen within the applicable deadline. This was done in collaboration with various departments within the municipal organization. 

The court has since issued an interim ruling. Not all grounds for appeal were upheld, but the court found that a large number of important grounds for appeal were valid.

“This is an important step for Geldrop-Mierlo. We have consistently made it clear that this plan could have major consequences for our municipality. The court has taken our objections into account on key points. Construction cannot begin for the time being, and that gives us the opportunity to continue defending our interests.”

Alderman Frans Stravers

Among other things, the court ruled that:

  • insufficient grounds were provided to demonstrate that the permit does not conflict with the zoning plan. According to the court, it should have been made clearer that the Major Ecological Structure would not be disproportionately affected;
  • the so-called “minor cases” provision was incorrectly applied, because Eeneind-West is located outside the built-up area defined by the “
    ”;
  • There is insufficient justification regarding what the increased building height and the resulting greater storage capacity mean for
    , the potential uses of surrounding parcels, and the interests of third parties. It is on this point that the consequences for our municipality resulting from the increased traffic come into play;
  • It has not been sufficiently demonstrated that the construction plan complies with aesthetic requirements and that the plan is acceptable from an urban planning perspective and in terms of visual quality. Furthermore, according to the court, the potential impacts on, among other things, the surrounding area, architectural and cultural-historical values, and the National Ecological Network have not been sufficiently substantiated.

Permit Temporarily Suspended

An important consequence of the interim ruling is that the court has suspended the permit. The development consortium is therefore not permitted to begin construction while the proceedings are ongoing. This does not mean that the proceedings have concluded.

The municipal council of Nuenen has asked the court to grant it the opportunity to remedy the identified defects. The court has granted this request. Nuenen has until March 1, 2027, to do so.

Once Nuenen submits the amended decisions and additional supporting documentation, we will have four weeks to respond. After that, the court will issue a final ruling.

For the full text of the court's ruling, go to:
Interim Ruling in the Eeneind-West Case: ECLI:NL:RBOBR:2026:6314, District Court of East Brabant, SHE 25/1262