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The Municipal Executive of Geldrop-Mierlo has of course also prepared and submitted an opinion against the realization of this large-scale distribution center. After all, we expect a huge increase in traffic in our municipality with all its consequences. Moreover, the air quality will deteriorate. You can view this opinion via our website (see below). 

Appeal and appeal on decision of municipality of Nuenen 

Alderman Frans Stravers: 'It is five to twelve. The decision of the college of the municipality of Nuenen can be announced any moment and we expect that the college of Nuenen will grant the permit for the construction of these centers despite the many views. However, we still hope that the college of B&W of the municipality of Nuenen will make a wise decision. Building these centers at that location will cause an enormous increase of (freight) traffic in our municipality with all its consequences. Many traffic jams and even unsafe situations at locations where it is already extremely busy. Think of the traffic circle at Bogardeind with the entrance and exit of the A67. Moreover, the air quality is deteriorating. The decision of the Municipal Executive of the Municipality of Nuenen will be published via Overheid.nl and the digital municipal gazette of Nuenen.

If the Municipal Executive of Nuenen disregards all views and still grants a permit, interested parties and also non-interested parties who did submit views can go to court. This must be done within six weeks of the announcement of the permit. The judge looks at the case and must rule within a reasonable period of time. For the appeal phase, that period is 18 months.

If a party to the appeal could not agree with the court ruling, they can appeal. Then the case goes to a higher court, namely the Administrative Law Division of the Council of State. An appeal must be filed within six weeks of the ruling being sent. 

In short, both of these procedures may take several years to complete.                      

How to Appeal.

Do you disagree with the decision of the municipality of Nuenen to issue a permit for the realization of the distribution centers on Eeneind-West in Nuenen and does Nuenen reject your objection to this decision? 

Then you can appeal to the administrative law judge. 

Effective date of authorization 

What does this mean now? If the Nuenen Municipal Board grants the permit to build the three large-scale distribution centers, 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.