City council opposes realization of Eeneind-West distribution centers in Nuenen

Alderman Frans Stravers: 'The Citizens' Committee Distribution CenterNee also called on residents in various ways to submit an opinion. In the end, many residents and civil society organizations responded.' The Citizens' Committee Distribution CenterNo has now set up its own:

 website. 

A total of more than 1,500 views were submitted during that period on the intention of the Municipal Executive of the Municipality of Nuenen to issue a permit for the construction of three distribution centers.

Board of B&W of Nuenen c.a. sees no leads in submitted views to refuse permit for building distribution centers Eeneind-West

The college of mayor and aldermen of the municipality of Nuenen c.a. announced on Tuesday, May 13, 2025 that it has granted the requested permit for the construction of a distribution center on Eeneind-West. The college of the municipality of Nuenen c.a. does not see in the views expressed by the college of Geldrop-Mierlo, the citizens' committee Distribution Center No, Anna zorggroep and over 1500 other concerned residents and entrepreneurs any leads to refuse the permit. 

You can find the decision of Nuenen's mayor and aldermen and its explanation in the shaded text below (with the heading"Besluit omgevingsvergunning Eeneind-West en toelichting college van burgemeester en wethouders van Nuenen"). Until June 23 it is possible to submit an appeal against this decision to the District Court Oost-Brabant. 

Decision on environmental permit Eeneind-West and explanation college of mayor and aldermen of Nuenen:

'On May 12, 2025, the Municipal Executive of Nuenen took a decision on the permit application for the construction of a distribution center on Eeneind-West. The college assessed the application against the applicable zoning plan, and also carefully evaluated the more than 1,500 views submitted. On this basis, the college could not decide otherwise than to grant the requested permit.  

Of course we understand the concerns of local residents that this decision raises. However, regulations in the Netherlands stipulate that a zoning plan is always leading in determining whether a permit must be granted. As a college we are obliged to check against the rules of the zoning plan. 

All information can be found on the Nuenen municipality's website, including the note of views: www.nuenen.nl/ontwikkeling-eeneind-west. 

Board of B&W of Geldrop-Mierlo appeals.

The Board of Mayor and Aldermen of the Municipality of Geldrop-Mierlo finds it particularly unfortunate that B&W of Nuenen did not find an opportunity to abandon the intention to grant this permit because of the far-reaching consequences that this plan has, according to the Board of Mayor and Aldermen of Geldrop-Mierlo. 

The building of distribution centers will cause an enormous increase in (freight) traffic in our municipality, according to the Municipal Executive of Geldrop-Mierlo, with all its consequences. Many traffic jams and even unsafe situations are expected at locations where it is already extremely busy. Think of the traffic circle at the Bogardeind with the entrance and exit of the A67. In addition, the air quality will deteriorate and it is possible that increasing congestion will jeopardize the response times of emergency workers.

The Municipal Executive of Geldrop-Mierlo has acted on the motions of the Municipal Council of Geldrop-Mierlo within the designated timeframe and lodged an appeal against the decision of the Municipal Executive of Nuenen c.a. to grant an environmental permit for the three distribution centers on Eeneind-West in Nuenen. This was done in cooperation with various professional disciplines within the municipal organization.

Below is a summary of the notice of appeal.

Summary of appeal by municipality of Geldrop-Mierlo against distribution centers Eeneind-West

 Introduction

Implementing the motions of the Geldrop-Mierlo City Council, the Municipal Executive of Geldrop-Mierlo has lodged an appeal against the decision of B&W of Nuenen c.a. to grant an environmental permit for the construction of three distribution centers on the Collse Hoefdijk - Eeneind-West. 

Reservation

The substantive grounds for appeal are summarized below in a non-exhaustive manner. This summary does not bind the Municipal Executive of Geldrop-Mierlo in any way, nor can any rights be derived from it. Only the actual notice of appeal filed with the District Court Oost-Brabant expresses the position of the Municipal Executive of Geldrop-Mierlo. 

Formal deficiencies 

The Municipal Executive of Geldrop-Mierlo identifies a number of formal shortcomings in the making of the decision. These shortcomings relate to the fact that it is unverifiable whether all arguments mentioned in the many views expressed have been fully included in the decision-making process. 

In addition, the college questions the extent to which a real opportunity has been offered to present views (whether or not further) on the part of the Wnb (Nature Conservation Act) - species protection. Finally, the Board takes the position that it has not been revealed what the actual intended use of the distribution centers will be, despite the fact that it is important to have a clear picture of the (possible) spatial consequences of the decision-making process for the surrounding area at the outset. 

Conflict with zoning plan 

In the eyes of the Municipal Executive of Geldrop-Mierlo, not only is the height of the commercial buildings contrary to the zoning plan, but so is the establishment of three large-scale distribution centers. 

In this regard, the college points out that the establishment of distribution centers does not fit (and cannot be equated) with the list of permitted businesses and types of business activities added to the zoning plan. 

The Municipal Executive of Geldrop-Mierlo also believes that the use conflicts with the zoning plan because it has not been established that there will be no disproportionate adverse effects on the ecological main structure as a result of nitrogen disposition. On the subject of "nitrogen," the college argued that there was a so-called hook-up requirement of the Wnb area protection section which meant that no permit should have been granted until after the nature permit had been obtained. 

An image quality plan is linked to the zoning plan. Apart from the fact that the Municipal Executive of Geldrop-Mierlo questions the way in which this linkage has been established, the parcelization principle and plot sizes included therein must be respected. According to the college, this means that the distribution centers do not fit within the possibilities of the zoning plan. 

Finally, the college of B&W of Geldrop-Mierlo notes that not all relevant zoning plans have been reviewed, or that a sufficient review of all applicable zoning regulations has taken place. 

Traffic Generation

The Municipal Executive of Geldrop-Mierlo believes that the consequences of the traffic generation have been insufficiently Map . According to the college, this is because it has not been made sufficiently plausible that the calculations underlying the decision are correct and complete. In the Board's view, another factor is that the actual intended use of the distribution centers remains unclear. At the same time, the college identifies a large number of negative effects as a result of the traffic generation that, for the most part, will be borne by the residents, businesses and institutions of our municipality. 

Building height exemption

The distribution halls are partially higher (14 instead of 12 meters) than the zoning plan directly allows. Cooperation was granted for this. The Municipal Executive of Geldrop-Mierlo is of the opinion that the formal application requirements for the exemption procedure applied have not been met so that it should not have been applied. A heavier procedure would have been appropriate in which more and other interests should also have been considered. 

However, even if the correct procedure had been followed, the Municipal Executive of Geldrop-Mierlo disputes that the substantive requirements for granting an exemption have been met. In that regard, the college points out that it has not been demonstrated that there is a necessity for the business, there is a flawed review and the traffic effects associated with that higher building height have not been sufficiently Map . 

Wnb species protection 

A statement of no objections was issued by the Provincial Executive. The Municipal Executive of Geldrop-Mierlo points out that the mitigating and compensating measures required from that point of view have been given a sufficiently consistent place in the decision. Moreover, according to the board, there is insufficient evidence that these measures will be feasible in practice, which raises the question of whether the building plan should therefore be considered actually feasible. A building plan that is not feasible cannot be licensed either. 

Effective date of authorization 

What does this mean next? So the College of the Municipality of Nuenen has officially announced that it is granting an environmental permit for the construction of the three large-scale distribution centers, then it will take effect after six weeks. But this does not yet mean that the permit is final. As a result of an appeal or appeal, the decision may still change. As previously written, it could take years to complete the procedures.

During that time, however, the permit may be used and the promoter may start construction of the distribution centers at his own risk. Indeed, until it is finally determined that the permit will remain in place, the permit may still be reversed and construction halted.

In order to prevent the initiator from using the permit already during this appeal procedure, a so-called preliminary injunction can be requested in case there is an urgent interest. This must be requested during the appeal procedure at the court and during the appeal procedure at the Administrative Law Division of the Council of State. 

The preliminary injunction court may then rule that the initiator may not use the permit until a final decision is made. This may mean that the initiator may not begin construction or that construction that has already begun must be halted. 

Any party can request injunctive relief at any stage of the proceedings (i.e., on appeal and on appeal). This is not required within a certain period of time, but only when there is an urgent interest. This is the case when a ruling by the court in an (appeal) case cannot be awaited.